Shoulder decisions — 2015

The Board denied the Veteran's claims of service connection for various disabilities, including hearing loss and tinnitus, as well as his claims for other conditions. The effective dates assigned were December 20, 2010.

The Veteran's left shoulder disability, including any related to his service-connected left arm disability, has been rated at 20 percent since the filing of his claim. However, a review of the evidence shows that he is entitled to an increased rating to 40 percent for this period.

The Board finds that the Veteran's low back disability is related to service and grants service connection for it. However, there is no evidence of a right shoulder disorder during or after service, so service connection for this condition is denied.

The Veteran's appeal for an initial compensable evaluation for service-connected degenerative arthritis, left shoulder was denied. The Board found that the evidence did not meet the criteria for a compensable rating prior to December 16, 2014, and as of December 16, 2014, it met the criteria for a 20 percent evaluation under Diagnostic Code 5201.

The Veteran's appeal is granted, with a combined disability rating of 80 percent for ankylosing spondylitis and associated lower extremity disabilities. The issues of increased ratings for limitation of abduction of the bilateral hips and sensory deficit of the bilateral lower extremities are addressed in the remand portion.

The Veteran withdrew his appeals of the denial of service connection for sleep apnea, left shoulder disability, right hand and finger numbness, and left hand and finger numbness. The appeals were also dismissed for increased ratings for PTSD, TBI, headache, right shoulder, right shoulder scar, and hearing loss.

The Board has determined that the Veteran's claimed left knee, lumbosacral spine, left shoulder, peripheral artery disease, and mental disorder conditions are not service-connected as they are not shown to be related to his military service.

The Board finds that the Veteran's low back, neck, and shoulder disabilities are not related to service. The preponderance of evidence is against finding a link between these conditions and military service.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining medical opinions to determine the severity of his service-connected conditions and their etiology.

The Veteran's appeal is being remanded to the AOJ for scheduling a video conference hearing due to his failure to appear at the previously scheduled hearing.

The Board has determined that the reduction in rating from 30 percent to 10 percent for post left shoulder arthroscopic surgery, effective January 1, 2009, was proper. The Veteran's condition improved by this time and his current arm motion is not limited to lower than shoulder level.

The Board found no evidence of a current right shoulder, forearm, or elbow disability and determined that the Veteran's right hip disorder is not related to his military service. The appeal was denied for all issues.

The Board has denied the Veteran's claims for service connection for right knee and right shoulder disabilities, finding no current disability related to active service or events therein.

The Veteran's claims for service connection for neck disorder, right shoulder disorder, and left shoulder disorder are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has granted service connection for the Veteran's left shoulder arthritis, right shoulder arthritis, quadriparesis, transverse myelitis and degenerative changes in the cervical spine, transverse myelitis and moderate degenerative changes at T11-T12, neurogenic bowel, and neurogenic bladder, all of which are related to a severe motor vehicle accident sustained during service.

The Veteran's right shoulder trapezius strain is not manifested by movement limited to 25 degrees from the side or as a severe muscle disability, and thus does not meet the criteria for a rating in excess of 20 percent. The initial compensable ratings for bilateral plantar fasciitis and hypertension are also denied.

The Veteran's claims for bilateral knee, shoulder, and low back disorders are being remanded due to the unavailability of service treatment records. A VA examination is needed to determine if these conditions are related to his military service.

The Board has denied the Veteran's claim that his substantive appeal was timely filed, as it was received more than 60 days after the date of actual receipt of the SOC and more than one year after the notification of the September 2008 rating decision he had intended to appeal.

The Veteran's cervical spine and left shoulder disabilities have been reopened, and service connection has been granted for both conditions. The effective date is pending further development.

The Veteran's service connection claim for a right arm disability, including as secondary to his service-connected shell fragment wound residuals of the right arm, is granted. The Veteran is also granted a TDIU based on his service-connected PTSD.