Shoulder decisions — 2016

The Veteran's right shoulder disability, manifested by impingement syndrome and acromioclavicular joint disorder, is currently rated at 20 percent under the criteria for limitation of motion. The evidence does not support a higher rating as his range of motion remains near or slightly below shoulder level with some limitations in external and internal rotation.

The Board found that the Veteran's claimed conditions, including bilateral knee disability, hypertension, bilateral shoulder disability, and sleep apnea, were not service-connected as they did not have their onset in or were not caused by his military service.

The Board has granted service connection for right knee patellofemoral pain syndrome (PFS) and denied the remaining issues. The Veteran's psoriasis is currently rated at 10%.

The Board's February 2014 decision denying service connection for a right arm/shoulder disorder is dismissed as the Veteran did not file a timely Notice of Disagreement.

The Board denied the Veteran's claim for service connection for a left shoulder disability, finding no evidence of such condition during or within one year after his active duty. The VA examiner opined that any current shoulder issues are not related to service.

The Board found that the Veteran's current left and right shoulder disorders are not related to his period of service, including his in-service shoulder complaints. The evidence does not support a finding of chronic disability during service or at separation.

The Veteran's tension headaches are found to be secondary to her service-connected cervical spine disability.,Service connection for a right shoulder disorder and labyrinthitis with vertigo is not addressed in this decision.

The Veteran's claims for increased evaluations of his service-connected left knee and shoulder conditions are being remanded due to the need for additional VA examinations.

The Board finds that the Veteran does not have a current disability of the left shoulder, right ankle, or left ankle that is related to service or a service-connected condition. The evidence shows no complaints or treatment for these conditions until many years after separation from service.

The Board has determined that there is no current diagnosis of a left shoulder disorder, and thus service connection for this condition cannot be granted.

The Board has ordered a remand due to the Veteran's failure to appear for a VA examination. The claims are being returned to the AOJ for further development, including scheduling another VA examination and obtaining any outstanding treatment records.

The Veteran has withdrawn his appeals for increased initial ratings for lumbar spondylosis, right lower extremity radiculopathy, degenerative changes of the acromioclavicular joint of the right shoulder, right knee patellofemoral syndrome, and residuals of a pudendal nerve injury. As such, these issues are dismissed.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and right shoulder disorder were denied. The Board found no evidence of a current disability in any of these conditions.,For bilateral hearing loss, the VA examination revealed normal hearing sensitivity.

The Veteran's claim for service connection for a right shoulder disability, claimed as secondary to her service-connected right wrist disability, is being remanded due to the need for further medical examination and opinion.

The Veteran's left shoulder disability, characterized by limited motion and pain, is currently rated at 20 percent under the appropriate diagnostic codes. This rating reflects the limitation of motion to a degree that warrants a higher rating but does not meet the criteria for an even higher rating.

The Board has determined that the Veteran's right shoulder, right ankle, and right knee disabilities are not service-connected as they did not manifest during or within one year after service. The VA examiners found no evidence of aggravation beyond expected progression.

The Veteran's claims for increased ratings of dislocation of the right shoulder, medial meniscus tear and osteoarthritis of the right knee, and hypertension have been denied. The RO found that the evidence did not support a rating greater than 20 percent for dislocation of the right shoulder prior to October 18, 2011, and 40 percent thereafter. For medial meniscus tear and osteoarthritis of the right knee, the Veteran's symptoms have been limited to extension functionally limited to not less than 90 degrees and extension limited to not more than 0 degrees. For hypertension, the evidence did not support a rating greater than 10 percent.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to the Board's decision.

The Board has determined that recovery of the overpayment in the amount of $31,525.27 is against equity and good conscience due to the Veteran's financial hardship and because considering his spouse's income would defeat the purpose of the VA pension program.

The Board has remanded the case to the AOJ for further review of new evidence submitted by the Veteran's attorney and attempts to obtain a 1973 left shoulder X-ray from service records.