Shoulder decisions — 2016

The Board denied a higher rating for the Veteran's left shoulder disability, but granted a 30 percent rating on an extraschedular basis.

The Veteran's right shoulder disability and headache disorder have been granted service connection, with a rating of 10 percent for the right shoulder disability.

The Veteran's appeal is remanded due to the lack of identification of an available VA medical facility for his service-connected bronchial asthma and other conditions. The case will be readjudicated based on this information.

The Board granted service connection for erectile dysfunction and TDIU, but denied an earlier effective date and a compensable rating. The Veteran's combined disability rating was 70% prior to November 17, 2003.

The Board has remanded the case for additional evidentiary development, including obtaining private treatment records from Guthrie Clinic/Robert Packer Hospital and Memorial Hospital of Towanda. The TDIU claim is inextricably intertwined with the service connection claims.

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

The Veteran's appeal is being remanded for additional development, including an examination by a VA orthopedist to determine the current severity of her right and left shoulder disabilities.

The Veteran is granted a rating of 60 percent for his right shoulder disability and entitlement to TDIU.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment for which his education and occupational experience would otherwise qualify him at any point during the appeal period.

The Board has granted service connection for the Veteran's lumbar spine disability and cervical spine disability, finding that these conditions were caused or aggravated by events in service. The claim for a shoulder disability is remanded due to incomplete records.

The Board has determined that the Veteran's cervical spine disorder is secondary to his service-connected left lower extremity radiculopathy disability. However, there is no current diagnosis of upper extremity radiculopathy and the right shoulder disorder is not related to service or a service-connected condition.

The Board has determined that an effective date prior to May 13, 2009 for the grant of service connection for diabetes mellitus type II is denied. The Veteran's high cholesterol was not found to be a disability for which service connection may be granted.

The Veteran's left shoulder disability was rated at 10 percent from September 11, 2009 to July 20, 2011 and at 20 percent thereafter. The Board found that the evidence did not support a higher initial rating for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records.

The Veteran has withdrawn his appeal on all issues currently before the Board, and thus there are no remaining questions of fact or law to be decided.

The Board has determined that the Veteran's right shoulder disability warrants a 30 percent evaluation under Diagnostic Code 5202, reflecting recurrent dislocation of the humerus with frequent episodes and guarding of all arm movements.

The Veteran's combined rating for all service-connected disabilities is 80 percent, meeting the threshold criteria for a TDIU. The Board finds that he is unable to secure and follow substantially gainful occupation due solely to his service-connected disabilities.

The Veteran's claims for service connection for tinnitus, diabetes mellitus type II, bilateral vision loss, a psychiatric disability (anxiety disorder and posttraumatic stress disorder), chronic headaches, sleep apnea, chronic obstructive pulmonary disease, arthritis of the right shoulder, arthritis of the left shoulder, low back disability, right hip disability, left hip disability, arthritis of the right knee, arthritis of the left knee, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have been denied. The Veteran's claim for an initial compensable rating for bilateral hearing loss has also been denied.

The Veteran's hypertension was granted an initial evaluation of 10 percent effective January 2, 2008.,Service connection for sinusitis and left shoulder bursitis has been established. Service connection for multiple sclerosis is also established.

The Board has denied the Veteran's claims for increased evaluations for his service-connected disabilities, including left foot paresthesias, exostosis of the left ankle, right shoulder capsulitis with nonunion fracture of the acromion and surgical scar, and left ankle scar. The Veteran's claim for service connection for a brain tumor - right bifrontal meningioma has been reopened due to new evidence submitted since his last final denial in 2013.