Shoulder decisions — 2014

The Board has determined that there is sufficient evidence to support a finding of service connection for degenerative joint disease of the right shoulder, granting the Veteran's claim.

The Veteran's claim for a compensable rating for his right shoulder disability prior to February 9, 2013, and in excess of 20 percent thereafter was denied. The Board found that the evidence did not meet the criteria for a compensable or higher rating at any time.

The Veteran withdrew her appeal in August 2014 for all issues listed.

The Veteran withdrew the claim for service connection for reflex sympathetic dystrophy for multiple joints including the right wrist, right elbow, right shoulder, knees, neck, hands, legs, upper back, and lower back. The claims for service connection for a left wrist condition, right hip condition, and sleep apnea were not substantiated by the evidence of record.

The Veteran's left shoulder disability is currently rated as 10 percent disabling. The Board has granted a separate compensable rating for instability beginning on January 18, 2013.

The Board has remanded the case for further action due to inadequate examinations in previous decisions.

The Board has determined that a remand is necessary to obtain additional evidence and provide the Veteran with an adequate VA examination.

The Veteran's claims for higher initial disability ratings for his cervical spine, low back, and right shoulder disabilities were denied. The appeals are based on the criteria set forth in VA's Schedule for Rating Disabilities.

The Veteran's left shoulder disability is related to active service and he has been granted service connection. The claim for a higher initial disability rating for the lumbar spine fusion disability is pending, as are issues regarding TDIU.

The Veteran's service-connected cervical DDD and radiculopathy have been rated at the maximum available rating of 20 percent, and no higher. The Board finds that his symptoms do not warrant a higher evaluation.

The Board finds that the Veteran's back and right shoulder disabilities have worsened to a degree warranting restoration of their original ratings from December 1, 2007 to January 12, 2012.

The Board found that the Veteran's right shoulder disability was not incurred in or aggravated by service and is not proximately due to or aggravated by a service-connected disease or injury. As such, service connection for this condition cannot be granted.

The Veteran is seeking an effective date before February 2, 2000, for the grant of a total disability rating for compensation based on individual unemployability. The case has been remanded to determine if extraschedular consideration should be applied.

The Board has determined that the Veteran's right shoulder disability, including residuals of anterior labral tear and chronic dislocation, is related to his military service. The claim for service connection is granted.

The Veteran's PTSD has been granted with an initial 50 percent evaluation. Service connection for the other disabilities listed on appeal is also granted.

The Board has remanded the case due to the need for additional development and review of the claims file, including obtaining private treatment records from 1973 to 2005 and VA treatment records.

The Veteran's right shoulder disorder was granted service connection as it is presumed to have started during his military service. The other claims remain pending.

The Board has remanded the case for additional development, including obtaining in-service hospitalization records and VA/VA clinic treatment records. The Veteran's claims for service connection will be reconsidered based on all evidence.

The Veteran's claims for service connection for left shoulder, right shoulder, and thoracolumbar or cervical spine disabilities are being remanded due to the need for additional development including obtaining updated VA treatment records, private medical records, and an examination.