Shoulder decisions — 2014

The Board has remanded the claims for additional development due to inadequate examinations and failure to comply with prior remand orders.

The Board has determined that the Veteran's left shoulder melanoma is not related to service, including exposure to herbicides in Vietnam. The claim for service connection is denied.

The Veteran's service-connected disabilities, without consideration of his age or non-service connected disabilities, prevent the Veteran from obtaining and maintaining substantially gainful employment. The criteria for TDIU have been met.

The Veteran's bilateral knee disorder is granted as service connected. The Board finds that the evidence supports a finding of in-service injury and current disability, warranting service connection.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and clarification of opinions.

The Board found no evidence of a low back or left shoulder disability during service and concluded that any current disabilities are not related to service.

The Board found that the Veteran's right shoulder disorder is not related to his military service and denied his claim for service connection.

The Board denied service connection for residuals of malaria, a chronic left shoulder disability, and shell fragment wounds to the lower extremities with retained foreign bodies. The Veteran's claims were based on direct evidence from his military service.

The Veteran's right shoulder dislocation with arthritis is rated at 20 percent, the highest available rating under DC 5201.

The Veteran's right shoulder disability worsened from March 28, 2008 to June 30, 2008, warranting a 20 percent evaluation.

Throughout the rating period on appeal, the Veteran's service-connected left shoulder disability has been manifested by complaints of pain and functional impairment comparable to limitation of flexion to no less than 125 degrees and limitation of abduction to 120 degrees. The criteria for a higher rating have not been met.

The Veteran's right knee disability is service-connected and he has been granted a 20 percent rating. The RO also assigned separate 20 percent ratings for his right shoulder disability effective July 15, 2011.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, right shoulder disorder, left shoulder disorder, back disorder, and right knee disorder. The claim for a compensable rating for bilateral hearing loss was also denied.

The Board denied the Veteran's claims for service connection for tinnitus and an earlier effective date for a 40 percent rating for his right shoulder disability. The Veteran's claim for tinnitus was not granted as there is no evidence of in-service noise exposure or combat-related injury. For the right shoulder disability, the Board found that the higher evaluation was not warranted before December 9, 2010.

The Board has remanded the case due to scheduling issues for a videoconference hearing. The Veteran's claims for service connection for bilateral knee disorder and right shoulder disorder are pending.

The Board denied the Veteran's claims for service connection for right shoulder disorder, bilateral ankle disorder, nose injury, and eye injury. The appeal is based on his active duty from November 1976 to April 1980.

The Board has ordered that the Veteran's complete treatment records from the San Juan VA Medical Center be obtained, and medical records from the Social Security Administration should also be requested. The Veteran is to undergo a VA psychiatric examination to determine the current nature and etiology of any diagnosed psychiatric disorders.

The Veteran's left shoulder disability is currently rated at 40 percent, the maximum schedular rating available. The Board finds that a higher rating is not warranted as there is no evidence of nonunion of the humerus or loss of the head of the humerus to support an evaluation in excess of 40 percent under Diagnostic Code 5202.

The Board has determined that there is no evidence of a current disability related to service for the claimed conditions. Service connection was not granted for tinnitus, but denied for all other claims.

The Board found that the Veteran did not have a left shoulder disability, GERD, or onychomycosis in service and there is no competent evidence linking these conditions to service. The Veteran's claims for bipolar disorder and hypertension were also denied.