Shoulder decisions — 2015

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantial gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran's service-connected degenerative disc disease L4-L5, L5-S1 status post laminectomy L5-S1 is currently rated at 40 percent and the claim for increased rating has been granted.

The Board has reopened the Veteran's claims for service connection for low back, right shoulder, right hip, and left hip disabilities as secondary to her service-connected left knee disability. The Veteran was provided with a VA examination to assess the current severity of her left knee disability.,VA is required to obtain all relevant treatment records from VA and any identified private providers.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of records.

The Veteran's recurrent squamous cell carcinoma of the right tonsil and neck is rated at 100 percent since January 28, 2014.

The Veteran's cervical radiculopathy of the bilateral upper extremities is found to be secondary to her service-connected residuals of fracture at C2 with degenerative joint disease, and thus service connection for this condition is granted.

The Veteran's request for service connection for hearing loss, tinnitus, left hand jungle rot, and right shoulder condition is being remanded due to the need for a videoconference hearing.

The Veteran's initial claim for a higher evaluation for her right shoulder disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to August 8, 2013 and 10 percent thereafter.

The Veteran's claim for an initial disability rating in excess of 10 percent for degenerative arthritis of the left shoulder is being remanded due to the need for additional medical records and a VA examination.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left shoulder condition, which he claims was caused by VA treatment following a motor vehicle accident. The case has been remanded to obtain an opinion on whether the Veteran sustained an additional disability as a result of VA care and if so, whether it was proximately caused by VA fault.

The Veteran's claim for TDIU is being remanded due to the need for additional medical records and an examination.

The Board has reopened the Veteran's claims for service connection for right hand and wrist, right shoulder, left knee, and low back disabilities. The claims are granted in part as new and material evidence was received to reopen them. Service connection is not established for any of these conditions.

The Veteran's claim for service connection for tinnitus, bilateral hearing loss disability, and right shoulder disability is granted. The Board finds that the Veteran has credible reports of in-service noise exposure and current symptoms, which are sufficient to establish a link between his current conditions and service.

The Board has granted service connection for multilevel cervical spondylosis and DDD. The low back disability claim is remanded as the VA examiner's opinion was insufficient.

The Board finds that the Veteran does not have a current right shoulder disability or residuals of sigmoid resection for diverticulitis that is service-connected.,There is insufficient evidence to establish an in-service injury and no credible lay evidence linking any current disabilities to service.

The Board has remanded the case due to incomplete records and requests for additional information from SSA.

The Veteran's current right shoulder disability, including osteoarthritis and impingement syndrome, is found to be related to his in-service injury during combat operations.

The Veteran's claim for higher ratings for his myofascial pain of the right shoulder girdle muscles was denied. The Board found that the schedular ratings adequately compensated the disability, and there were no exceptional factors warranting an extraschedular rating.

The Board has remanded the Veteran's claims for further consideration due to incomplete records and conflicting evidence regarding his employability.

The Board has determined that additional development is needed to obtain relevant medical records and to provide the Veteran with VA examinations to address her claims. The appeal will be remanded for these purposes.