Shoulder decisions — 2014

The Board has granted service connection for joint pain, muscle spasm, and leg pains. Bilateral foot pains due to an undiagnosed illness are presumed incurred in active military service.

The Board denied service connection for a neuroma of the left shoulder and an increased rating for residuals of a fracture of the left clavicle. The earlier effective date claim was also denied.

The Veteran's appeal is being remanded due to the need for additional development of his medical records, particularly those from 2011 onwards related to his right ankle condition and since 2008 related to his right shoulder condition. The claims will be re-adjudicated after obtaining these records.

The Board has determined that the Veteran's left shoulder disability warrants a rating of 30 percent effective July 6, 2012, based on limitation of motion to 25 degrees from side level.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature, extent, onset, and etiology of any skin, right shoulder, toe fungus, neoplasm, and liver disabilities. The claims will also be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 for Persian Gulf War service.

The Veteran's claim for an earlier effective date for the grant of service connection for a left shoulder disability is denied as there is no legal entitlement to such.

The Board has granted the Veteran's claims for service connection for right ear hearing loss, left ear hearing loss, depression, right shoulder disorder, lumbar spine disorder, cervical spine disorder, and chronic headaches. These conditions are presumed to be related to his active duty in the Southwest Asia Theater of Operations during Operation Iraqi Freedom.

The Board has ordered additional development due to the need for medical opinions regarding the Veteran's right shoulder and left knee disabilities, which are secondary to his service-connected residuals of a left chest injury.

The Board has determined that the Veteran's atrial fibrillation is proximately due to his service-connected posttraumatic stress disorder. The issues of hypertension and cervical spine/shoulder disabilities are remanded for further development.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues include service connection, increased ratings, and hearing loss.

The Veteran's claim for a benefit level in excess of 80 percent for educational assistance benefits under the Post-9/11 GI Bill is denied as his discharge was not due to a service-connected disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected neck disability and whether he is unemployable due to this condition. The claim will be reviewed again after these steps are completed.

The Veteran's claim for an initial disability rating greater than 70 percent for PTSD with major depressive disorder has been denied. The issue of service connection for a severe and chronic pain condition, presumed to be due to exposure to herbicides, is also denied.

The Board granted an increased rating of 30 percent for the Veteran's right shoulder disability, effective since August 14, 2010. The previous evaluation was 20 percent.

The Veteran's increased ratings for his left shoulder and mandible disabilities were granted, with the left shoulder receiving a 20% rating and the mandible receiving a 10% rating. The Board found no evidence of fibrous union or nonunion of the humerus, thus not warranting higher ratings under Diagnostic Code 5202.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected degenerative changes of the knees and left shoulder.

The Veteran requested to withdraw appeals for several conditions, including breathing disorder, pulmonary disorder, right thyroid nodule, left knee disorder, left ankle disorder, right ankle disorder, left elbow disorder, right elbow disorder, left arm cyst, right arm cyst, right shoulder condition, left shoulder condition, right wrist condition, left wrist condition, right hip condition, and left hip condition.,The Veteran's claim for service connection for a right knee disorder was denied in June 2003 due to aggravation by his active service. The evidence received since then includes testimony from the Veteran stating that he aggravated his pre-service right knee disorder during his second period of service.

The Board has granted service connection for right shoulder rotator cuff and labrum tear, degenerative joint disease of the left elbow, and bulging annulus fibrosus at C5-C6 and C6-C7 of the cervical spine. The remaining claims have been remanded.

The Veteran's appeal is remanded for further development, including a VA examination to determine if his service-connected disabilities prevent him from securing and following substantially gainful employment. The case will be referred to the Director of Compensation & Pension Services for consideration of entitlement to TDIU under 38 C.F.R. § 4.16(b).

The Veteran's sinusitis, bronchitis, and tinea pedis skin disorders are all found to be service-connected. The bilateral foot hallux valgus and pes planus conditions were not found to be service-connected.