Shoulder decisions — 2015

The Veteran's service-connected disabilities do not render him unable to maintain gainful employment, and therefore his claim for a TDIU is denied.

The appeal is being remanded to obtain VA treatment records and to schedule the Veteran for a VA examination to assess his psychiatric disorder, right shoulder tendonitis, diabetes mellitus with erectile dysfunction, and right knee disability.

The Board has remanded the case due to outstanding VA and private treatment records not being associated with the claims file. The Veteran is asked to provide or authorize for release of any additional relevant records.

The Board found that the Veteran's right shoulder disability did not originate in service and is not presumed to have been incurred in service. The VA examiner could not provide a clear opinion on the etiology of the current right shoulder arthritis due to insufficient evidence.

The Veteran's right shoulder arthritis is currently rated at 20 percent, the maximum schedular rating available. The evidence does not show that his disability warrants a higher evaluation.

The Board has determined that the Veteran's right shoulder, right knee, and back disabilities are not service-connected.,The VA examiner found no evidence linking these conditions to his military service.

The Veteran's right shoulder disability has been rated at 10 percent prior to April 6, 2015 and increased to 20 percent thereafter. The current rating adequately reflects the severity of his condition.

The Veteran's appeal for higher ratings for his left shoulder disability has been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent from November 12, 2005 through October 30, 2009, or from February 1, 2009.

The Veteran's right shoulder disability is currently rated at 30 percent, but the Board finds that it does not warrant a higher rating. The evidence shows significant functional impairment due to pain and limited motion, but no additional limitation of function beyond what is already contemplated by the current 30 percent evaluation.

The Board has reopened the claims of entitlement to service connection for a right shoulder disability and low back pain, finding that new and material evidence has been received. The claim is now considered on its merits.

The Veteran was not diagnosed with a chronic bilateral shoulder/arm disability at any point during the appeal period.,A chronic bilateral hand disability was not manifest in active service, arthritis of the hands was not manifest to a compensable degree within one year of discharge from active duty, and any bilateral hand disability was not otherwise etiologically related to active service.

The Veteran's claim for TDIU was received by VA on January 3, 2013. The effective date of the grant of TDIU is set at this date as there is no evidence showing that it was factually ascertainable that TDIU was warranted in the year prior to the date of claim.

The Veteran's left shoulder disability has been rated at 20 percent, the maximum schedular rating available for limitation of motion of the minor (left) arm.

The Board has determined that the Veteran does not have current diagnoses of left shoulder, right shoulder, left knee, or right knee disorders. As a result, service connection for these conditions cannot be granted.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA medical records and providing the Veteran with a VA examination to determine if he has any service-connected disabilities or if they are related to service.

The Veteran's claims for increased ratings and service connection were granted, with a noncompensable rating assigned for sinusitis effective May 15, 2006. The Veteran was also granted service connection for various disabilities including radiculopathy of the upper extremities, right wrist disability, left knee disability, right arm disability, right knee disability, sciatic nerve disability, and lumbar spine disability.

The Veteran's claims for service connection for a stomach disorder, increased rating for right ankle disability, and initial ratings for degenerative arthritis of the shoulders and knees were denied. The reduction in evaluation for chronic lumbar strain with degenerative joint disease was also found to be improper.

The Veteran's appeal on the issues of entitlement to a rating in excess of 60 percent for Wolf-Parkinson-White syndrome and whether new and material evidence had been received to reopen claims of service connection for a neck disability and left ovarian/pelvic pain has been withdrawn. The remaining appeals are addressed below.

The Veteran's claims for increased ratings for right shoulder degenerative arthritis, left knee degenerative arthritis, and lumbosacral strain have been denied as his conditions do not warrant a rating in excess of 10 percent.

The Veteran's appeal is being remanded due to the need for a Board hearing and issuance of a statement of the case for certain claims.