Shoulder decisions — 2015

The Veteran's claims for increased evaluation of right Achilles cord rupture and service connection for left shoulder disability were denied. The Veteran is entitled to a separate, compensable rating for the painful scar at the site of his surgical repair.

The Board has determined that the Veteran's current bilateral shoulder and knee disabilities are not related to his service-connected back disability, and thus denied the claims for service connection.

The Board found no evidence of shoulder injury or disease during service, and the Veteran did not present any credible argument to support his claim. As a result, the claims for service connection for shoulder arthritis, hypertension, heart disability, and erectile dysfunction were denied.

The Board has remanded the case for additional development due to incomplete medical records and issues with range of motion testing. The Veteran's lumbar spine and left shoulder disabilities are still under review.

The Board found that the Veteran's current right shoulder disability did not have its onset during service or within a year of service separation, and is less likely than not related to any disease, injury, or incident therein.,Similarly, the Board determined that the Veteran's current low back disability did not manifest during service or within a year after service separation, and was less likely than not caused by any in-service disease, injury, or event.

The Board found that the Veteran did not file a timely substantive appeal for her claims and denied them based on lack of evidence to support her service connection claims.

The Veteran's claim for an initial compensable disability rating for left shoulder bursitis, status post surgery with residual scar is being remanded due to the need for further development including a VA examination to assess the current nature and severity of his service-connected disability.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his left shoulder disability. The TDIU issue may also be impacted by the outcome of the left shoulder rating claim.

The Veteran's bilateral shoulder degenerative joint disease is at least as likely as not related to service, and the claim for service connection for this condition is granted. The claim for service connection for carpal tunnel syndrome and ulnar entrapment of the elbows is denied.

The Board has determined that the Veteran's current left shoulder disability is a result of an injury sustained during active service, and thus grants service connection for this condition.

The Veteran's appeal is granted, with the exception of the claim for a compensable disability rating prior to March 1, 2011 for left upper extremity scar. The remaining claims are also granted.

The Veteran's appeal is being remanded for additional development, including the appointment of a fiduciary and VA examinations to assess his employability.

The Board has decided to remand the case for further development and consideration, including obtaining a VA examination and opinion regarding the Veteran's right shoulder condition.

The Board has determined that the Veteran's bilateral shoulder disability is related to his active service and granted service connection for this condition. The right knee and left knee disabilities are currently rated as 10 percent disabling each, with no higher ratings being warranted.

The Veteran's right shoulder disability, specifically the injuries to Muscle Groups II, III, and IV, have been rated at 20 percent each. The combined rating for these muscle groups is 60 percent, which is higher than the maximum available under Diagnostic Code 5301-5201 (40 percent), thus allowing separate ratings based on individual muscle groups.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for a TDIU on a schedular basis and they do not preclude all forms of substantially gainful employment consistent with his education and occupational background.

The Veteran's service-connected conditions, including amputation of both lower extremities and other disabilities such as posttraumatic stress disorder, right shoulder rotator cuff tear, sarcoma of the nose, penile deformity with erectile dysfunction and voiding dysfunction, left upper extremity fragment wound with retained foreign body, buttock fragment wound with retained foreign body, left shoulder rotator cuff tear, diabetes mellitus, left wrist fragment wound, coronary artery disease, and tinnitus, have resulted in a need for higher level of care. The Veteran's condition necessitates the provision of daily personal health care services by a skilled provider without which he would require institutional care.

The Board has determined that the Veteran's left knee and left shoulder disabilities, as well as his multi-joint pain, are not related to service. The evidence does not support a finding of in-service injury or chronic disability.

The Board has remanded the case due to insufficient competent medical evidence on file for the VA to make a decision on the claim, and the Veteran should be afforded a VA examination to address his left shoulder condition.

The Board has determined that a new VA examination is necessary to address the Veteran's claim for service connection of his left shoulder disability, as the April 2012 VA examiner relied on facts pertaining to another veteran. The AOJ should review the examination report and ensure it contains the requested information.