Shoulder decisions — 2015

The Board has determined that the Veteran's right shoulder impingement syndrome is service-connected as it was incurred during a period of active duty for training (ACDUTRA) in May 1995. The left shoulder condition, diagnosed as acromioclavicular joint degenerative osteoarthritis, is also considered service-connected based on direct evidence.

The Veteran's attorney has withdrawn the issues of service connection for diabetes mellitus, type II; a right shoulder disability; bilateral hearing loss; degenerative disc disease; and hypertension from appellate status.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any current skin disability. The issues of service connection for chronic fatigue syndrome, right shoulder, left elbow, and left knee disabilities are also being remanded.

The Veteran's appeal for an increased rating for subacromial impingement syndrome, left shoulder has been withdrawn. The remaining issues of entitlement to increased ratings for duodenitis and gastritis prior to September 21, 2011, and from September 21, 2011, as well as for pes planus with symptomatic plantar fasciitis in both feet are being remanded for further development.

The Board has determined that the Veteran does not have a current right ankle disorder and therefore, service connection for this condition is denied. The issue of service connection for a right shoulder disorder remains pending.

The Veteran has withdrawn his appeal regarding the reopening of a right shoulder disability claim.

The Veteran's right shoulder disability was found to have originated in service and is granted. The low back, right leg (including the knee), right ankle, and right foot disabilities are not related to service.

The Veteran's appeal is being remanded for further development to determine if his service-connected conditions preclude him from securing and following a substantially gainful occupation.

The Veteran's claims for service connection have been denied. The Board found that the Veteran did not have a heart disability at the time of his August 2009 claim and has not had one since. For the other conditions, the evidence does not support service connection.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's left shoulder disability is caused by her service-connected cervical discectomy, and thus grants service connection for this condition as secondary to her service-connected cervical spine disability.

The Veteran is seeking an earlier effective date for separate compensable ratings for painful scars of the right shoulder, right flank, right iliac crest, and bilateral knees. The case has been remanded to obtain additional medical records.

The Board has determined that the Veteran's timely Substantive Appeal was submitted in response to the April 2009 SOC regarding his claims for service connection for a back condition (upper and lower), a neck condition, and arthritis of the knees, back, arms, and shoulders. The case is REMANDED to schedule the Veteran for a Board travel board hearing on these issues.

The Veteran's left shoulder disability, which was previously rated at 10 percent from December 1, 2010, is now rated at 20 percent effective December 27, 2013. The rating reflects limitation of arm motion to shoulder level.

The Veteran's claim for an increased rating for his right shoulder disability was denied in March 2011, and no new or material evidence was received within one year of that decision. The effective date for the current 20% rating is October 24, 2012.

The Board denied the Veteran's claims for service connection for bilateral shoulder and low back disabilities, finding that there was no evidence of a chronic disability related to active service or service-connected foot tendonitis.

The Board found that the Veteran's right shoulder disorder was not incurred in service and is not related to his military service.

The Veteran's service-connected disabilities prevent him from being able to avoid the hazards or dangers incident to his daily environment without assistance, warranting special monthly compensation based on the need for regular aid and attendance.

The Veteran's left shoulder disability, characterized by limited abduction to at worst 135 degrees and painful motion, is currently rated as 10 percent disabling since June 27, 2011. The condition does not meet criteria for higher ratings based on ankylosis or other specific diagnostic codes.

The Veteran's right wrist/hand and lumbar spine disabilities are granted as secondary to her service-connected right shoulder bursitis and left knee/foot disabilities, respectively. She is currently rated at 30% for the right shoulder disability.