Shoulder decisions — 2013

The Board has determined that the Veteran's left shoulder disorder, cervical spine disorder, and cervical radiculopathy are related to military service.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge of the Board.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a TDIU effective June 1, 2007.

The Veteran has withdrawn his appeals for the issues of service connection for a low back disorder, bilateral shoulder disorder, tingling of the hands, bilateral knee disorder and blurred vision.

The Veteran's claims for increased ratings for cervical spine and left shoulder disabilities are being remanded to allow for additional development, including a new VA examination.

The case is being remanded for further development, including adjudicating the Veteran's claims for higher ratings of his service-connected disabilities and considering a TDIU under 38 C.F.R. § 4.16(b).

The Board has decided to remand this case for additional development, including obtaining medical records and scheduling the Veteran for a VA examination.

Service connection for an acquired psychiatric disorder was denied.,A 10% evaluation for epilepsy was granted, effective March 6, 2007. A 20% evaluation was granted beginning May 16, 2007 and ending December 31, 2010.,An initial evaluation of 10% for headaches was denied.,A 10% evaluation for bilateral pes planus with hallux valgus was continued.,Service connection for schizoaffective disorder (claimed as posttraumatic stress disorder/ depression) was granted, and a TDIU was granted.

The Board has determined that the reduction of the Veteran's left shoulder tendonitis rating from 10% to noncompensable was not proper, and restored the original 10% rating. The claim for service connection for acute kidney failure is denied as there is no current disability.

The Board has reopened the Veteran's claims for service connection for back, left knee, and left shoulder conditions. The evidence shows that these disabilities are related to his military service.

The Veteran's right shoulder disability is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted. The claim for TDIU was also denied as there are no service-connected disabilities preventing the Veteran from obtaining and retaining substantially gainful employment.

The Board denied the Veteran's claims of service connection for a vision disability, right shoulder disability, and umbilical hernia. The Board found that none of these conditions were incurred in or aggravated by service.

The Board found no evidence to support a connection between the Veteran's current right shoulder disability and his active military service, concluding that the condition is more likely related to an injury sustained in 1997.

The Veteran's appeal was dismissed due to his withdrawal of the issue of entitlement to an initial evaluation in excess of 10 percent for service-connected hearing loss. The claims for earlier effective dates for service connection were denied as there is no evidence showing that VA received a claim from the Veteran prior to January 26, 2006.

The Board has determined that the Veteran's current left shoulder sprain was incurred during active service, and thus grants his claim for service connection.

The Board has determined that the Veteran's right knee disability is related to his service-connected left knee condition, and thus grants service connection for this disability.

The Board has determined that further development of the Veteran's claims is warranted due to a lack of VA etiology examinations for her claimed psychiatric disorder and right shoulder disability.

The Board found that the Veteran's current right shoulder and left knee disorders are not related to his military service, as there is no competent evidence linking these conditions to any event, injury, or disease during service. The preponderance of the evidence supports a finding against the Veteran's claims.

The Board has determined that the Veteran's bilateral hearing loss disability is related to in-service acoustic trauma and granted service connection for this condition. The claims of service connection for right shoulder disorder, left knee disorder, and right knee disorder are also granted.

The Veteran's right shoulder disability is rated at 30 percent, and the Board denied a higher rating on an extraschedular basis. The claim for TDIU was also denied.