Shoulder decisions — 2015

The Veteran's left shoulder disability, manifested by dislocation of the clavicle or scapula with no evidence of impairment of the humerus, ankylosis, or limitation of motion to 25 degrees from the side, is rated at 20 percent under Diagnostic Code 5203.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes, and thus service connection is denied. The remaining claims are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's injuries were not incurred or aggravated by active military service, ACDUTRA, or IDT. Therefore, her claims for service connection are denied.

The Board found no evidence of a shoulder or forearm injury in service and insufficient continuity of symptoms to establish service connection for the claimed disabilities.

The Board has remanded the case for additional development, including obtaining medical opinions and verifying records from West Los Angeles VA Medical Center. The Veteran's claim of service connection for a right shoulder disability is pending.

The Board has remanded the Veteran's claims due to missing records and incomplete service treatment records. The Veteran's claims for PTSD, sleep disorder, insomnia, bilateral hearing loss, tinnitus, fibromyalgia, and residuals of fractured nose are being remanded.

The Veteran's claims to service connection for right shoulder, bilateral wrist and finger, back, neck, bilateral knee, and bilateral ankle disorders have been denied as the evidence does not establish a nexus between his current diagnoses and military service.

The Board has determined that the Veteran's appeal as to service connection for a TBI was withdrawn. The claims of entitlement to service connection for hearing loss, tinnitus, and sleep disorder were also withdrawn.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for further action, including scheduling a VA examination and obtaining additional medical records. The AOJ will then determine if an increased rating in excess of 30 percent should be granted for his right shoulder disability.

The Board found that the January 2008 rating decision denying service connection for right and left shoulder disorders was not clearly and unmistakably erroneous. The claims were reopened due to new evidence received since then, but service connection remains denied.

The Board has determined that a VA examination and medical opinion are needed to address the nature and etiology of any current bilateral shoulder disorder, including possible residuals of a cold-weather injury. The appeal is REMANDED for these actions.

The Board has granted reconsideration of the Veteran's claim for service connection for a right shoulder condition, reopening it based on the submission of new evidence (service treatment records) not previously considered. The appeal is now remanded to determine if there is a medical nexus between the Veteran's in-service injury and his current disability.

The Board has determined that there is no current evidence of a left shoulder disability and thus service connection cannot be established.

The Veteran was granted compensation under 38 U.S.C.A. § 1151 for a rotator cuff tear of the left shoulder and an above-the-knee amputation of the right leg, both resulting from VA care.,Compensation is granted as the additional disability was not due to negligence or fault on the part of VA, but rather due to reasonably unforeseeable medical circumstances.

The Board has determined that the Veteran's current right shoulder disability is not etiologically related to his active service, and thus denied his claim for service connection.

The Veteran's right shoulder condition, which includes arthritis with a torn rotator cuff post-surgery, is rated at 30 percent. The left shoulder condition and chronic back strain are both rated at 20 percent. These ratings reflect the severity of the Veteran's conditions as determined by VA regulations.

The Veteran's bilateral pes planus with hallux valgus and bunions was granted an initial 10 percent rating effective August 11, 2010. From February 28, 2013, his right foot disability was rated as 10 percent disabling.

The Veteran's appeal is being remanded to schedule him for a videoconference hearing due to an undeliverable notice of his requested hearing.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence does not show that his additional disability resulted from VA medical treatment, and there is no indication of fault or negligence on the part of VA.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for chronic body pain, including as due to an undiagnosed illness under 38 C.F.R. � 3.317 and whether his current joint and muscle disabilities are related to any in-service disease, event, or injury.