Shoulder decisions — 2014

The Veteran's migraine headaches have been rated at 50 percent since July 26, 2007.,The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, and the medications used to treat them, contributed substantially and materially to his death. The Board finds that the Veteran's service-connected disabilities caused or contributed substantially and materially to his death.

The Board has determined that further development is needed to address the Veteran's claims for service connection and a temporary total evaluation due to his right shoulder disability, as these issues are intertwined with the issue of secondary service connection.

The Board has reopened the claims for service connection of bilateral shoulder, elbow, wrist, hip, and knee disorders due to new evidence submitted since the last final denial. The Veteran's current diagnoses include diffuse arthralgias, spondylosis of the lumbar spine, fibromyalgia, and mild thoracic and lumbar degenerative disc disease.,The Board has not found a causal relationship between the Veteran's diagnosed conditions and his service.

The Board found no clear and unmistakable error in the denial of service connection for right knee and right shoulder disabilities. The low back and left knee disabilities were not shown to be related to service.

The Veteran's appeal is remanded due to the need for a new VA examination and for issuance of a statement of the case regarding his claims of service connection for sleep apnea, frostbite injury of the right toe, right shoulder injury, and heart murmur.

The Veteran has withdrawn his appeals regarding the claims of service connection for low back disorder, PTSD, right shoulder disorder, left leg disorder, lung disorder, and allergic reaction to vaccines. As such, these issues are dismissed.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus the claim for TDIU is denied.

The Board denied service connection for a left shoulder disorder, lumbosacral spine disorder, and right ear hearing loss due to lack of evidence linking these conditions to service.

The Board has granted service connection for right shoulder arthritis and rotator cuff injury, but denied service connection for a left leg disorder.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU rating, effective November 11, 2007.

The Board has determined that there is no clear and unmistakable error in the January 2000 rating decision denying service connection for depression. The Veteran's claims for reopening of previously denied claims for right shoulder, right elbow, and left knee disabilities have been granted.

The Board has recharacterized the issues on appeal to include service connection for arthritis of the cervical spine, arthritis of the lumbar spine, and arthritis of the shoulders. The Veteran's claims are granted as his current disabilities are found to be at least as likely as not related to active service.

The Board denied service connection for the Veteran's bilateral knee disorder, residuals of a bone chip in the neck and shoulders, and GERD. The issues concerning these conditions were not adjudicated as part of the appeal.

The Veteran received emergency shoulder surgery on June 21, 2010 due to severe and persistent shoulder pain that was causing suicidal ideation. The VA facility was not feasibly available until late November 2010.,On October 25, 2010, the right shoulder surgery was deemed unnecessary as the Veteran's right shoulder pain was less severe than his left shoulder pain.

The Board has remanded the case for additional development to ensure a complete record upon which to decide the Veteran's claims of service connection for bilateral shoulder and back disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for multiple joint disorders, including a right shoulder disorder. The Board also found that service connection is established for these conditions.

The Veteran's right shoulder disability is rated at 40 percent, and her left shoulder disability (excluding the temporary total rating period) is rated at 30 percent. Both disabilities are considered to be of service origin.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility on November 3, 2007 was denied because VA facilities were available and the emergency did not meet the criteria.