Shoulder decisions — 2016

The Veteran withdrew her appeal, requesting that all issues be dropped.

The Veteran's claims for earlier effective dates have been denied as the earliest date of receipt of a claim is not prior to the assigned effective dates.

The Board has determined that the Veteran's cervical strain first manifested in active service and is related to his military service, granting service connection for this condition. The issue of service connection for a left shoulder disability remains pending.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss, tinnitus, or a bilateral eye disability. The claims are therefore denied.

The Board has scheduled the Veteran's requested Travel Board hearing at the local RO in Salt Lake City, Utah. The appeal is being remanded due to scheduling conflicts.

The Veteran's service connection claims for a left shoulder disability, elevated blood sugar (including diabetes mellitus), hypertension, obstructive sleep apnea, and peripheral neuropathy are granted on the basis of presumptive exposure to herbicide agents in Vietnam. The effective date is not specified.

The Board has ordered additional evidentiary development for the Veteran's left shoulder, arm, and forearm claims. The case is being remanded to allow for this development.

The Board found that the Veteran's left shoulder disorder, including arthritis and sarcoidosis, is not service connected as it did not manifest during or within one year after his military service.

The Board has decided to remand the case due to inadequate examination and development, requiring another VA examination and review of records.

The Veteran's appeal was denied for service connection claims and initial disability rating claims. The Board found no evidence of a current left shoulder disorder, and the issues concerning bilateral hand disorders, left wrist disorders, mechanical low back pain with mild joint facet arthropathy, postoperative residuals of a fracture of the right wrist, right wrist surgical scar, and left ankle sprain were not addressed due to lack of service connection claims. The Veteran's appeal is denied.

The Veteran's right shoulder disability is currently rated as 10 percent disabling, but the Board found that a higher rating is not warranted due to limitation of motion above shoulder level.,Similarly, the Veteran's left shoulder disability is currently rated as 10 percent disabling and the Board determined no higher rating was warranted based on similar findings of limited motion above shoulder level. ,The Veteran's carpal tunnel syndrome of the right wrist is currently rated at 10 percent due to mild incomplete paralysis of the median nerve, but the Board found that a higher rating is not warranted as it does not result in moderate or severe incomplete paralysis.

The Board found that the character of the appellant's discharge from his second period of service was dishonorable, and therefore denied service connection for PTSD and a left shoulder disorder incurred during this period.

The Veteran's service-connected right and left knee disabilities, as well as his right shoulder disability and right hand fracture, were granted initial noncompensable ratings in January 1993. The Board has determined that there was clear and unmistakable error (CUE) in the assignment of these initial ratings, leading to a revision to grant separate 10 percent ratings for each joint affected.

The Board finds that the Veteran's current right and left shoulder disabilities are not related to his military service or his service-connected low back disability. The most probative evidence does not support a finding of direct service connection.

The Board has determined that service connection for a cervical spine disability is warranted due to the Veteran's TMD.,Service connection for a left shoulder disability and right shoulder disability are not granted as there is no evidence of in-service injury or disease, nor any link between current symptoms and service.

The Veteran's claims for service connection were denied as he did not provide evidence of a current disability or link to service. The Board found no evidence of undiagnosed illnesses or medically unexplained multisymptom illnesses.

The Veteran's bilateral shoulder disorder and low back disorder are being remanded for additional development, including obtaining medical opinions regarding the relationship between these conditions and his in-service concussion injury.,The Veteran's claim of entitlement to an increased rating for migraine headaches is also being remanded due to incomplete records from his former employer.

The Veteran's left shoulder disability is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's right shoulder rotator cuff syndrome with arthritis is currently rated at 20 percent, and the evidence does not support a higher rating based on limitation of motion or other factors.

The Veteran's claim for an increased rating for his left shoulder disability is being remanded due to the need for additional development, including a VA examination and obtaining updated treatment records.