Shoulder decisions — 2016

The Veteran's multiple non-service-connected disabilities, including hernias with progression to an intestinal fistula and arthritis of multiple joints, render her helpless or so nearly helpless that she requires the regular aid and attendance of another person for special monthly pension purposes.

The Veteran's PTSD has been rated at 70 percent, and the Board finds that a higher rating is not warranted. The VA Travel Board Hearing did not raise any new issues pertaining to this claim during the course of the hearing.

The Board found that the Veteran's preexisting left shoulder disability was not aggravated by active service and denied his claim for service connection.

The Veteran's right shoulder surgery did not result in the need for convalescence beyond June 30, 2010. The Board denied an extension of a temporary total rating based on the need for convalescence following right shoulder surgery.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his right shoulder disability. The claim will be reconsidered and a supplemental statement of the case provided if necessary.

The Board found that the Veteran's right shoulder disability was not incurred in or aggravated by service and arthritis of the right shoulder may not be presumed to have been incurred in or aggravated by service.

The Veteran's appeal is being remanded for scheduling a personal hearing before a Veterans Law Judge sitting at the RO. The issues include service connection claims and rating disputes.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a hearing loss disability, cervical spine disability, right shoulder degenerative joint disease, left knee degenerative joint disease with osteochondromatosis, or right knee degenerative joint disease prior to June 1, 2015.

The Veteran's bilateral hearing loss was granted service connection. The Veteran's left foot condition to include plantar fasciitis and his left shoulder disability were not addressed due to lack of appeal.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if service connection can be established for the Veteran's left shoulder disability and right shoulder disability.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, which include right lower extremity varicose veins, stasis dermatitis of the right lower leg and foot, left knee degenerative joint disease, chin scars, and right shoulder degenerative changes with rotator cuff tendonitis. The Veteran's combined evaluation has been 70 percent since May 31, 2011.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and a left shoulder disability, as well as his requests for initial ratings for right knee injury/meniscal tear and scarring associated with that condition. The Veteran was also not granted TDIU.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral hand disabilities are related to service. The right arm radiculopathy is also found to be related to a service-connected condition (cervical spine disability).

The Board has remanded this case due to the Veteran's request for a videoconference hearing. The appeal is not about service connection at all, as it pertains to scheduling issues.

The Veteran is entitled to TDIU from May 3, 2013 due to his service-connected cyclothymic disorder. Special monthly compensation was granted effective July 6, 2015.

The Board has determined that the Veteran's right shoulder and back conditions are related to his in-service motorcycle accident, granting service connection for these conditions.

The Board has determined that an effective date prior to June 8, 2009 is not warranted for the grant of service connection for degenerative joint disease of the right shoulder, right knee, left knee, and tinnitus.

The Board denied the Veteran's claim for an effective date earlier than March 9, 2010 for a 10 percent rating for left shoulder DJD as there was no evidence of a change in disability level within one year prior to the date of claim.

The Veteran's left shoulder disability, characterized by painful motion and limited range of motion at the shoulder level, warrants a 20 percent initial rating under Diagnostic Code 5201.

The Veteran's claim for service connection for residuals of a right shoulder injury is denied as there was no evidence of a current disability, and the preponderance of the evidence does not support a finding that any in-service event resulted in such a disability.,The Veteran's claim for service connection for residuals of heat exhaustion is denied as there was no evidence of a current disability, and the preponderance of the evidence does not support a finding that any in-service event resulted in such a disability.