Shoulder decisions — 2014

The Veteran's claim for an increased rating for residuals of a fractured right humerus has been granted, with the current evaluation being 30 percent effective October 16, 2013. The issue of entitlement to total disability based on individual unemployability (TDIU) is addressed in the REMAND portion.

The Board has denied the Veteran's claim for an initial disability rating in excess of 30 percent for his right shoulder disability, finding that the evidence does not support a higher evaluation based on limitation of motion.

The Veteran's appeal is remanded due to the need for a new VA examination and the need to obtain outstanding treatment records. The intertwined claim seeking a temporary total rating following left shoulder surgery in October 2009 must also be adjudicated.

The Board has granted the Veteran's claims of entitlement to service connection for left shoulder and left ankle disabilities, but has dismissed his claim of residuals of pneumonia. The remaining issues have been remanded for further development.

The Veteran's appeal is being remanded due to the need for additional verification of his service records, particularly regarding any prior service in the East Tennessee National Guard from November 1963 to July 1964.

The Board is reopening the claims for arthritis of the knees and shoulders, but remanding them to allow further development. The other claims are also being remanded.

The Board has dismissed the Veteran's appeals for service connection for a right shoulder condition and sinusitis due to their withdrawal by the appellant. The appeal regarding an acquired psychiatric disorder is being remanded.

The Board has determined that the Veteran's current left shoulder disability, including arthritis and myofascial pain syndrome, is due to in-service injuries. The claim for service connection for restless leg syndrome is remanded for additional development.

The Veteran's right shoulder and knee disabilities were found to be service-connected, while her migraine headaches were not. Accrued benefits for the right knee and right shoulder conditions are granted, but the claim for migraine headaches is denied.

The Board has remanded the case for additional development, including obtaining records of treatment and examinations related to the appellant's claimed disabilities. The issues on appeal are service connection for a stomach disorder, right leg disorder, joint pain, and scar.

The Veteran does not have current diagnoses of memory loss, chest pain, or a psychiatric disorder (including PTSD). The VA examiner found no evidence linking these conditions to service.,VA examiners determined that the Veteran's arthritis in his shoulders is less likely than not caused by his time on active duty and is not related to any service-connected disabilities.

The Board has granted the Veteran's claims to reopen his service-connection claims for a right knee disability, lung disability and right shoulder disability. The Veteran's current disabilities are now presumed to be related to his military service.

The Veteran's death was not caused by or a result of his service-connected conditions, and therefore, the claim for service connection for cause of death is denied.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his right shoulder disability and any associated neurological impairment. The claim will be readjudicated after this additional evidence is considered.

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore denied his claims.

The Veteran's claim for service connection for a skin disability, including status post lipoma excision of the left shoulder and chloracne, to include as due to herbicide exposure, was denied. The Board found no evidence of current disabilities associated with any of these conditions.

The Veteran's claims for increased initial disability ratings have been denied. The RO/AMC has reviewed the evidence and determined that no new or material evidence has been received to reopen any previously denied service connection claims.

The Board has determined that the Veteran's right shoulder and right knee disabilities were not incurred or aggravated by active duty service, as there is no evidence of a chronic condition during service or within one year after discharge. The current disabilities are attributed to age-related changes.

The Veteran's service-connected left shoulder disability warrants a combined increased rating of 40 percent (20% for limitation of motion under Code 5201 and a separate 20% for recurrent dislocation under Code 5202), effective October 4, 2013; a rating in excess of 10 percent is not warranted prior to that date.

The Veteran's right shoulder disability is being remanded for a new VA examination to determine its etiology and whether it is related to service.