Shoulder decisions — 2015

The Veteran's claims for increased ratings and extensions of temporary total rating and SMC benefits were denied as his right shoulder scar did not meet the criteria for a compensable rating or extension beyond January 1, 2012.

The Veteran's appeal involves multiple service-connected disabilities, including psychiatric disability, asthma, hemorrhoids, Morton's neuroma, sinusitis, hypertension, right and left shoulder disabilities, a right knee disability, otitis media, rhinitis, costochondritis, GERD, headaches, and left testicle epididymitis. The Veteran does not have hearing loss as defined by VA regulations.

The Board denied the Veteran's claims of service connection for various conditions, including asthma, lip cancer, cervical spine disability, generalized arthritis, right shoulder disability, left shoulder disability, peripheral neuropathy of the upper extremities, and sinus disability. The reasons given were that there was no evidence linking these conditions to active duty service.

The Veteran's left shoulder disability, which includes degenerative arthritis and internal derangement with residual weakness, is currently rated at 20 percent. The VA examiner found that the Veteran's range of motion was limited to 120 degrees for flexion and 85 degrees for abduction, but did not find additional limitation in range of motion following repetitive use.

The Board denied service connection for hand tremors, bilateral shoulder disability, bilateral knee disability, bilateral hip disability, and left ankle disability to include as due to undiagnosed illness or other qualifying chronic disability.

The Board found that the Veteran's right shoulder, knee, and hip disabilities were not incurred in or aggravated by service. The Veteran's right hand disability was rated as 70 percent disabling under the applicable schedular criteria.

The Board has granted service connection for arthritis of the bilateral shoulders, finding that it is proximately due to the Veteran's service-connected diabetes and associated peripheral neuropathy.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling the appellant for examinations to assess his service-connected disabilities.

The Board has remanded the case due to the Veteran's request for a videoconference hearing, and it is unclear if he withdrew his request. The case will be scheduled for a hearing at the earliest available opportunity.

The Veteran's bilateral hip disability, avascular necrosis, is proximately due to his service-connected HIV. The Veteran's depressive disorder with generalized anxiety disorder has been rated as 50% since July 8, 2011.

The Veteran seeks TDIU due to his service-connected right shoulder disability. The RO has increased the rating for this condition, but decreased it again based on a finding of clear and unmistakable error. The Veteran is currently receiving SSA disability benefits related to his right shoulder disability. The Board finds that he is unemployable due to his service-connected disability and remands the case for referral to the Director of Compensation and Pension Service for consideration of TDIU on an extra-schedular basis.

The Veteran's right shoulder disability, including arthroplasty and degenerative joint disease, is rated at 20 percent under the criteria for a minor extremity. The right elbow disability is not manifested by ankylosis or other severe impairment warranting a higher rating.

The Board has granted service connection for bilateral knee arthritis, left shoulder arthritis, and mitral valve prolapse. The Veteran's conditions are found to be related to his active service.

The Board has determined that the Veteran likely had right shoulder arthritis that was attributable to her period of active military service, and thus grants service connection for a right shoulder disability on an accrued basis.

The Veteran's GERD was granted an initial rating of 10 percent effective February 2, 2010. Service connection for right shoulder injury and right knee injury were denied. Service connection for migraine headaches secondary to PTSD was granted. Service connection for bilateral tinnitus was denied.

The Board has determined that the Veteran's acquired psychiatric disorder, to include PTSD and bipolar disorder, not otherwise specified, had onset during active service. Therefore, service connection for this condition is granted.

The Veteran's DJD of the right and left knees had its onset during active service, and the Board has found that the criteria for establishing service connection are met. The issue of entitlement to service connection for a bilateral shoulder disability is addressed in the REMAND portion of the decision.

The Board found that the Veteran's current right shoulder disability and tinnitus were not incurred during or as a result of service, and thus denied both claims.

The Board denied the Veteran's claims of service connection for a right shoulder disability and entitlement to a compensable rating for corneal scars. The Veteran did not have a current diagnosis of a right shoulder disability, and his visual acuity was 20/40 or better with no indication of incapacitating episodes related to his corneal scars.

The Board has determined that the Veteran's current right shoulder sprain and degenerative joint disease, as well as his left shoulder disability, are not related to service. The claims for service connection have been denied.