Shoulder decisions — 2013

The Board denied the Veteran's claim for an effective date earlier than August 24, 2001 for a grant of service connection for a gunshot wound of the left shoulder. The earliest effective date that can be granted is the date of receipt of the claim on August 24, 2001.

The Board has determined that the Veteran does not have a right elbow disorder that is related to his military service. The evidence shows an in-service injury, but no chronic disability was shown at separation and there are no records of ongoing symptoms or treatment for many years after service.

The Veteran's initial claim for a higher rating for his left shoulder disability was denied. He is currently in receipt of a 20 percent rating since December 1, 2010.

The Board has determined that the Veteran's current left shoulder disability is attributable to an injury sustained during his period of service, and thus grants service connection for this condition.

The Veteran withdrew his appeals for service connection of right shoulder, low back, cervical spine, and left hip disabilities.

The Veteran's service-connected disabilities, including left shoulder strain, lumbar disc disease, L5-S1 radiculopathy of the left lower extremity, and other conditions, are found to preclude him from securing and following substantially gainful employment.

The Board has decided some claims, including those for increased ratings for psoriasis and eczema of the elbows. Other claims have been remanded for further development.

The Veteran's service-connected burns of the scalp, neck, back, shoulders, and arms have been manifested by stable, non-painful scars without functional impairment.,At no time during the period of the claim has there been sufficient service-connected disabilities to preclude the Veteran from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Board finds that the Veteran's right shoulder disability, back disability, and skin disability did not have their onset during military service or are otherwise related to such service. The evidence does not support a finding of nexus between these conditions and his military service.

The Veteran's right shoulder disability with rotator cuff tears is currently rated as 10 percent disabling. The Board has determined that a remand is necessary to obtain updated medical records and conduct an appropriate VA examination to assess the current severity of his service-connected condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for an upper back and shoulders disorder remains pending.

The Board found that the Veteran's ankle/feet, back, neck, left shoulder, stomach/gastrointestinal, and psychiatric disabilities were not incurred in or aggravated by active service. The kidney disorder was determined to be pre-existing and not aggravated during service.

The Veteran's claims for service connection for right shoulder and low back disabilities have been granted. The Veteran has a current diagnosis of right shoulder superior labral tear with partial supraspinatus tear and acromioclavicular joint arthritis, as well as lumbar spinal stenosis.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's malignant melanoma of the left shoulder is due to his sun exposure during military service, and therefore grants service connection for this condition. The decision on bilateral cataracts will be remanded as requested.

The Veteran's unauthorized medical expenses incurred at BMC on December 14, 2009 are eligible for reimbursement as the treatment was necessary due to a non-service-connected condition and other conditions did not preclude such treatment.

The Veteran's appeal is being remanded for a Board video conference hearing at the VARO in Togus, Maine. The issues of entitlement to service connection for PTSD, right knee disorder, sleep disorder, and chloracne are pending.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left shoulder disability, which resulted from surgery conducted on October 18, 2004 at the Huntington VA Medical Center. The case has been remanded to obtain additional medical records and to provide a new opinion regarding whether the Veteran's current condition is related to the VA treatment or an unforeseeable event.

The Veteran's claims for increased ratings for his service-connected schizoaffective disorder and left shoulder disability are being remanded due to the need for additional development, including VA examinations.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his claimed cervical spine, left shoulder, and right leg disabilities. The claim will be reconsidered based on all evidence.