Shoulder decisions — 2014

The Veteran's claims for service connection for adenocarcinoma of the prostate and basal cell carcinoma of the left shoulder were denied as there is no evidence of in-service exposure to herbicides, and neither condition was diagnosed within one year post-service.,There is insufficient evidence to establish a direct link between the Veteran's current conditions and his military service.

The Board has determined that the Veteran's left knee, right knee, and shoulder disabilities are related to service. As such, these conditions have been granted service connection.

The Board has reopened the claims for service connection of right shoulder and thoracolumbar spine disorders, but did not specify an effective date as these matters are still pending.

The Veteran's claims for increased initial disability ratings for service-connected left elbow epicondylitis and left shoulder tendonitis were denied as the evidence does not support a higher rating based on current functional impairment.

The Board denied the Veteran's earlier effective date claim for DJD of the left shoulder and his CUE motion regarding the April 1975 rating decision. The effective date was fixed at February 20, 2009, as it is the date of receipt of the petition to reopen the claim. The Board found no evidence of CUE in the April 1975 rating decision.

The Veteran's service-connected right shoulder disorder was rated at 20 percent from August 1, 2008, to December 26, 2012. The claim for compensation under 38 U.S.C.A. § 1151 for DDD of the lumbosacral spine as secondary to service-connected right shoulder disorder was granted.

The Veteran's right shoulder disability, characterized by pain and limited motion of the arm, has not been found to warrant a rating in excess of 20 percent prior to August 18, 2011, or since then.

The Veteran's claims for increased ratings and TDIU were denied. The right shoulder disability is rated at 20 percent, the abdominal disability at 10 percent, and PTSD at 50 percent. The combined rating of 70 percent does not meet the criteria for schedular TDIU.

The Board has denied the Veteran's claims of entitlement to service connection for a back disability, cervical spine (neck) disability, bilateral shoulder disabilities, and left ankle disability. The evidence does not support a finding that these conditions are related to military service.

The Veteran's service-connected surgical scar, status post removal of dermatofibrosarcoma protuberans of the chest and right shoulder, is rated at 10 percent since July 25, 2006. A separate 10 percent rating is granted for a deep and painful scar under Diagnostic Code 7801.

The Veteran's right shoulder disability is currently rated at 20 percent for the period from May 20, 2014 to present. The Board finds that an evaluation in excess of 10 percent for the period April 1, 2009 to May 19, 2014 and in excess of 20 percent for the period May 20, 2014 to present is not warranted.

The Veteran's right shoulder disability, characterized by painful limitation of motion with abduction to 25 degrees or less, does not meet the criteria for a higher evaluation. The left shoulder disability, also characterized by painful limitation of motion with abduction to 25 degrees or less, also does not meet the criteria for a higher evaluation.

The Veteran's back disability is found to have had its clinical onset during active service and is related to in-service disease, event, or injury. The left ankle and shoulder disabilities are not currently established as having their clinical onset during active service.

The Board has determined that additional development is needed to obtain relevant workers compensation and Social Security Administration records, as well as a supplemental VA medical opinion. The Veteran's service connection claims for right shoulder DJD, right elbow disability, and cervical spine degenerative disc disease will be remanded for further action.

The Veteran's appeal has been withdrawn for the issues of entitlement to a higher initial rating for adjustment disorder and service connection for a bilateral hand/finger disability. The claim for service connection for tinnitus is granted as it began during service due to noise exposure.

The Board has determined that the Veteran's claimed bilateral shoulder, knee, and low back disorders are not related to service or any incident of service. As a result, the claims for service connection have been denied.

The Board found no current diagnosis of a left shoulder disorder or any evidence linking the Veteran's claimed condition to his service. The Board also found no current diagnosis of a left shoulder scar and no evidence linking it to service.

The Board denied the Veteran's claims for an increased evaluation for his right shoulder disability and service connection for a skin rash. The Veteran's right shoulder disability is currently rated at 30 percent, but does not meet the criteria for a higher rating based on limitation of motion or recurrent dislocation.

The Board finds that the Veteran's right shoulder disability is not service-connected as it did not manifest during active duty, and there is no evidence of a nexus between his current condition and his military service.

The Veteran's service-connected right shoulder disability is currently rated as 30 percent disabling, effective May 24, 2011. The claim for an increased rating has been granted.,For the period prior to September 4, 2013, the Veteran's service-connected residuals of a traumatic dislocation of the right shoulder with loss of motion is rated as 30 percent disabling. For the period on and after September 4, 2013, the rating has been increased to 40 percent.