Shoulder decisions — 2015

The Veteran's appeal is being remanded due to the failure to schedule a Travel Board hearing. The claims for service connection and rating issues remain pending.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected left shoulder disability and left upper extremity peripheral neuropathy.

The Veteran's appeal is being remanded due to the need for an SOC on issues of service connection and TDIU, as well as a rescheduling of his requested hearing.

The Veteran's claim for service connection for a bilateral hip disability has been denied as there is no current diagnosis of such. The claims for service connection for bilateral knee and foot disabilities, bilateral shoulder disability, and erectile dysfunction are pending.

The Veteran's claim for an earlier effective date for the grant of service connection for left shoulder rotator cuff tendonitis and arthritis is denied as VA is precluded from granting such a request due to the finality of prior decisions.

The appeal is being remanded due to inadequate examination and the need for updated VA treatment records. The Veteran's left shoulder disability may be related to service, but a new examination is required.

The Veteran's right shoulder disability was rated at 10 percent prior to July 2, 2013 and at 20 percent thereafter. The Board found the evidence did not support a higher rating for either period.,The VA examinations showed that the Veteran could lift his arm to shoulder level or above during flare-ups, which is consistent with the current 20% rating as of July 2, 2013.

The Veteran's right shoulder arthritis has been rated at 10 percent since the initial grant of service connection in February 2007. The claim for a higher rating is denied as her symptoms have primarily consisted of painful motion, pain while sleeping on her right side, and difficulty lifting items above her head.

The Veteran's bladder cancer is not service connected. The cause of death due to sepsis and bladder cancer was not attributed to his service-connected psychiatric disorder, schizophrenia, or right shoulder dislocation and acromioclavicular separation. The Veteran did not meet the criteria for an initial disability rating in excess of 50 percent prior to August 3, 2010, for a psychiatric disorder. DIC benefits were denied as the cause of death was not attributed to service-connected disabilities.

The Veteran's low back disorder is granted service connection as secondary to his bilateral knee disability. His left shoulder disability remains at a 20% rating, and he is granted TDIU.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Veteran's service-connected conditions, including the residuals of a laminectomy, sinusitis with rhinitis, hypertension, and bursitis of the left shoulder, have met the percentage requirements for the award of a schedular TDIU. Competent evidence indicates that these disabilities prevent him from obtaining and retaining substantially gainful employment.

The Veteran's appeal is being remanded to the AOJ for additional development and consideration of his claims.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right shoulder disability, as the previous examination findings are inconsistent with the Veteran's statements and private treatment records.

The Board has determined that the Veteran's left shoulder disorder, including arthritis, was not incurred or aggravated during his active duty service and cannot be presumed to have been incurred in service. The evidence does not support a finding of continuity of symptomatology from service onwards.

The Board has granted service connection for left shoulder labral tear, lumbar facet arthritis, and left knee arthritis. The Veteran's head injury residuals claim is denied.

The Board denied increased ratings for cervical spine mechanical strain, lumbosacral spine mechanical strain, left knee patellofemoral pain syndrome with musculoligamentous strain, right knee patellofemoral pain syndrome with musculoligamentous strain, and right shoulder tendonitis and bursitis. The Veteran's claim for service connection for a psychiatric disorder was denied as final due to lack of appeal within one year of notification.

The Veteran's hearing loss, tinnitus, left shoulder osteoarthritis, and right shoulder osteoarthritis are all found to be related to his active military service.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's claimed shoulder disabilities are related to service.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including for his TDIU claim.