Shoulder decisions — 2014

The Veteran's claims for increased ratings for his right shoulder and left knee disabilities have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for either condition.

The Board has granted service connection for post-operative residuals of a left shoulder injury and finds that the Veteran's current left shoulder disability is related to his in-service left shoulder injury. The claim for secondary service connection for a right knee disability remains pending.

The Board has determined that the Veteran's current shoulder disabilities were not incurred during service and are not related to any in-service disease, event, or injury. As a result, the claims for service connection have been denied.

The Board has remanded the case for additional development, including scheduling a new VA examination by an orthopedic physician to address whether any diagnosed left shoulder disorder is at least as likely as not caused or aggravated by the service-connected right shoulder disability. The Veteran must be advised of his responsibility to report for the examination and the consequences of failure to do so.

The Veteran's service-connected disabilities meet the schedular percentage requirements for TDIU, and the Board finds that he is unable to secure or maintain any substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected right shoulder disability is currently rated at 30 percent, and the Board has found that a higher evaluation is not warranted. A separate schedular rating of 40 percent for painful limitation of motion associated with his service-connected condition was granted.

The Board has determined that the Veteran's left shoulder disability, with full thickness tear of the left supraspinatus and subscapularis tendon, does not warrant a rating in excess of 20 percent.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his right shoulder disorder, sleep apnea, and cold injury residuals. The VA will attempt to obtain all relevant treatment records and schedule appropriate medical evaluations.

The Veteran's right shoulder disability is currently rated at 30 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for service connection for a left shoulder disorder, to include as secondary to his service-connected bilateral peripheral neuropathy of the upper and lower extremities, is being remanded due to insufficient information on the etiology of his condition. The case will be readjudicated after obtaining additional evidence and an appropriate VA examination.

The Board denied the Veteran's claims for service connection for various conditions, including right hip disability, depressive disorder, fatigue disorder, throat disorder, shoulder joint pain, left hip bursitis, and left knee strain. The decision also addressed issues related to melanoma, basal cell carcinoma, nevus, toe joint disorders, and a bilateral leg condition (claimed as muscle pain).

The Veteran's appeal is being remanded to the AOJ for development of his pending increased rating claims and readjudication after any necessary development has been completed. The TDIU claim will be considered in conjunction with these new developments.

The Board has determined that the Veteran's right shoulder disability is not related to his active duty service and therefore denied his claim for service connection.

The Board has reopened the previously denied claim of entitlement to service connection for a right shoulder disability due to new and material evidence submitted by the appellant. The issue is now remanded for further development, including obtaining Social Security records and scheduling a VA examination.

The Board has ordered a remand to obtain private medical records, provide the Veteran with VA examinations for his right shoulder and knee disabilities, and address whether any current disabilities are related to service.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and treatment records. The appeal will be remanded to the AOJ for these actions.

The Veteran's appeal is being remanded to schedule a new Videoconference hearing before a Veterans Law Judge due to his failure to report for the scheduled hearing and allegations of good cause.

The Veteran's appeals were denied as his conditions did not warrant increased ratings under the applicable VA rating criteria.

The Board has granted a 20 percent rating for the Veteran's right shoulder disability, which is currently rated as 10 percent. The condition results in limited motion at the shoulder level.

The Veteran's claims of service connection for various conditions, including TMJ syndrome, right shoulder injury, headaches, CRPS, traumatic brain injury, a right thumb disorder, and Alzheimer's dementia were denied. The denial was based on the absence of evidence showing these conditions were incurred in or aggravated by active service.