Shoulder decisions — 2014

The Veteran's right shoulder disability is currently rated at 30 percent, and a higher rating for his condition is not warranted.

The Board found insufficient evidence to grant service connection for a bilateral shoulder disability and denied entitlement to a total disability rating based on individual unemployability prior to November 10, 2009.

The Veteran's bilateral shoulder and left hip arthritis are found to be caused by his service-connected cervical spine disability, allowing for secondary service connection. The TDIU issue is remanded due to changed circumstances.

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Veteran's right ulnar nerve disability is currently rated at 40 percent for the entire period on appeal, and his right shoulder disability is currently rated at 30 percent from November 19, 2007 to May 30, 2012, and 40 percent beginning July 1, 2012.

The Board has reopened the claim for service connection for a right shoulder disability due to new and material evidence submitted since the last final denial. The Veteran's current right shoulder strain is found to be related to his in-service injury, but not directly attributable to military service.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The Board found that the Veteran did not meet the criteria for service connection for his claimed sinus disorder, hemorrhoids, right shoulder disorder, right hip disorder, right knee disorder, and right ankle disorder due to lack of evidence showing a nexus between these conditions and service.

The Veteran's initial compensable ratings for his service-connected disabilities of the right shoulder, left shoulder, right wrist, and right knee have been denied.

The Board found that the Veteran's bilateral shoulder and neck disabilities were not incurred or aggravated during active service, nor are they proximately due to a service-connected disability. The VA examinations and medical records do not support these claims.

The Veteran's appeal is being remanded due to the receipt of additional relevant treatment evidence and the need for a VA examination to assess his service-connected disabilities.

The Veteran's PTSD has been rated at 70 percent since December 25, 2008. He is granted a TDIU based solely on his PTSD and also qualifies for SMC at the housebound rate effective December 25, 2008.

The Veteran's low back disorder is found to be related to service, and the claim for this condition is granted.

The Board has remanded the case due to insufficient evidence regarding service connection for right ankle and shoulder disabilities. Additional records are needed, including treatment from Homestead Air Force Base hospital and any line of duty investigation.

The Board has determined that the Veteran is entitled to service connection for a right shoulder disability as secondary to his service-connected left knee disability.

The Board has determined that the Veteran's left (minor) shoulder disability warrants a 40 percent disability rating, effective from the date of claim.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and his vocational rehabilitation folder. The issues of entitlement to an increased rating for right shoulder disability and entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities are pending.

The Veteran's current bilateral shoulder conditions are not service-connected as they do not meet the criteria for service connection based on continuity of symptoms or chronicity in service. The Board finds that there is no evidence of a right shoulder injury during service and the currently diagnosed conditions are not related to any incident or disease in service.

The Veteran's appeal is remanded for additional development, including a VA examination to determine the nature and etiology of his left shoulder disability. The reduction in rating for residuals of fracture of the left scapula is also being remanded.

The Board has determined that the evidence is at least evenly balanced as to whether the Veteran's obstructive sleep apnea had its onset in service.,The Board has also determined that the evidence is at least evenly balanced as to whether the Veteran's right and left shoulder disabilities had their onset in service.