Shoulder decisions — 2014

The Veteran's cervical spine and left shoulder disabilities have been rated at the minimum levels allowed by law. The VA has determined that neither condition warrants a higher rating based on current medical evidence.

The Board has determined that the Veteran's bilateral shoulder disabilities, diagnosed as tendinosis of the supraspinatus tendon, are related to his active service and grants service connection for both right and left shoulder disabilities.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's service connection claims for low back, neck, right shoulder, and bilateral hip disabilities are pending.

The Veteran's service-connected disabilities, including PTSD and panic disorder without agoraphobia, bicipital tendinitis of the bilateral shoulder, chondromalacia patella of the bilateral knee, sinusitis, hypertension, tension headaches, pes planus, and hiatal hernia with gastroesophageal reflux disease, render him unemployable for the period since March 25, 2011.

The Board has determined that there is evidence of cervical spine arthritis in service, which satisfies the criteria for reconsidering the prior denial of service connection. The Veteran's psychiatric disorder was initially claimed as depression and memory loss but the claim has been broadened to include other psychiatric disabilities.

The Veteran's claim for service connection of a chronic right shoulder disability was denied. The Board found that the evidence did not establish an in-service injury or disease, and no aggravation during service.

The Veteran's service connection claims for bilateral knee strain, back disability (claimed as middle back condition), left shoulder strain, acid reflux (including heart burn) and traumatic brain injury are all granted.

The Veteran's claims for increased ratings and secondary service connection were denied. The lumbosacral spine disability was found to be at worst mild with no improvement in the previous year, while the left shoulder disability did not show any objective signs of disability.

The Board has determined that the Veteran's left shoulder and low back disabilities are not service-connected, as there is no evidence of a nexus between his active duty service and these conditions.

The Board has determined that the Veteran's current right knee and right shoulder disabilities are service-connected as they are linked to injuries sustained during his active service.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Board has determined that the Veteran's current left shoulder condition and hemorrhoids are service-connected, with the latter having its initial onset in-service.

The Veteran's right shoulder reconstruction residuals have been shown to require a period of convalescence following a May 2009 VA surgical procedure lasting until December 8, 2009. The Board has found that an extension of the temporary total rating for the Veteran's right shoulder reconstruction residuals under 38 C.F.R. § 4.30 beyond December 31, 2009 is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining STRs and VA examinations to address his claims.

The Board found that the Veteran's current left upper extremity disabilities, including shoulder, arm, elbow and wrist issues, are not due to or aggravated by his service-connected fracture of the left ring finger. The VA examiners concluded that these conditions were unrelated to his service-connected disability.

The Board has withdrawn the Veteran's appeal for SMC based on aid and attendance. The claim for service connection for sleep apnea is granted as it relates to his service-connected pain disorder.

The Board has reopened the claim of service connection for a right shoulder disability and remanded it for further development.

The Veteran's claims for service connection have been reopened and granted for right shoulder bursitis, left shoulder separation (previously considered acute), bilateral hand disability, and left hip degenerative joint disease. However, the claim for left shoulder separation remains denied.,Service connection has not been established for left shoulder separation due to lack of evidence showing a chronic condition during service or any subsequent continuity of symptomatology.

The Board has remanded the case for further development and examination, including obtaining additional medical records and arranging for VA examinations to assess the severity of the service-connected disabilities.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling VA examinations to address the Veteran's service connection claims for right shoulder disability, back disability, and right testicle disability. The TDIU claim is also being addressed.