Shoulder decisions — 2015

The Veteran's appeal is being remanded for further development to ensure the issues on appeal are afforded every due consideration, including a new VA examination and opinion regarding his skin condition and right shoulder disability.

The Veteran's PTSD is rated at 70 percent, effective February 25, 2009. The Board finds that the evidence does not support a higher rating for PTSD and denies an increased rating. For TDIU, the Veteran meets the schedular criteria as his service-connected disabilities are reasonably shown to be of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience.

The Board found that the Veteran's current left shoulder disability did not have its onset during active service and is not related to any incident of service. As a result, the claim for service connection was denied.

The Board has determined that the Veteran's current right shoulder disability is related to an injury sustained during active military service, and thus grants entitlement to service connection for this condition. The issue of left shoulder chronic strain with recurrent dislocations and acromioclavicular joint arthropathy is remanded for further development.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for chest disorder, left shoulder disorder, back disorder, and prostate disorder. However, after reviewing all available evidence, including VA treatment records, private physician opinions, and examination reports, the Board finds no current diagnosis of a chronic chest disorder related to active duty service.

The Veteran's service-connected left shoulder disability is manifested by painful motion and decreased range of motion, resulting in a 20 percent rating under DC 5201.

The Veteran's bilateral tinnitus, left shoulder disability (reopened and granted), and right elbow disability are all considered. The hearing loss claim is still pending.

The Veteran's claims for service connection for a right shoulder disability, bilateral foot and knee disabilities, back disability, and digestive disability/IBS have been remanded due to the need for additional development of medical evidence.

The Veteran's right knee strain is rated at 10 percent, and his right and left shoulder conditions are each rated at 20 percent since June 14, 2013. The appeal for higher ratings remains pending.

The Board has determined that the Veteran does not have a bilateral shoulder disability, neck disability, coccyx disability, or bilateral hand disability that is causally related to his military service or to service-connected disability.

The Veteran's claims for service connection for lung and heart disabilities, as well as several other conditions, were denied. The Board found that there was no evidence of such disabilities during or within one year after service, nor any competent medical opinion linking them to service.

The Board denied the Veteran's claims for an increased rating for his left shoulder disability and for entitlement to a TDIU as his service-connected conditions do not meet the criteria for higher ratings.

The Board has granted service connection for multiple disabilities, including diverticulitis of the sigmoid colon, and assigned a 10 percent disability rating effective December 4, 2007.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for left shoulder and cervical spine disabilities. The reopened claims are addressed in the Remand section.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed conditions, including whether they are related to service or a service-connected disability.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted a separate rating of 30% for traumatic arthritis and degenerative joint disease of the left knee beginning April 6, 2015. He also received a compensable rating (30%) for residual scar, status-post cyst excision of the left calf effective April 6, 2015.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for additional disability as a result of VA surgical treatment for cancer of the mouth and jaw in May 2011, but his claim has been remanded due to missing records and need for further examination.

The appellant does not have spina bifida, which is the only birth defect that warrants compensation under 38 U.S.C.A. § 1805 for a child born with birth defects as the child of a Vietnam veteran.

The Board has remanded the case due to incomplete VA treatment records and the need for further examinations regarding the Veteran's claimed disabilities.

The Veteran's right shoulder disability, prior to March 13, 2014, was rated at 30 percent. Beginning February 11, 2014, the Veteran is now rated at 40 percent for post-operative residuals of the right shoulder.