Shoulder decisions — 2016

The Board has granted the Veteran's claim to reopen his service connection for a low back disability and arthritis of multiple joints. The underlying claims, including those regarding a rating in excess of 10 percent for scars, status post right shoulder surgery, are addressed in the REMAND portion of this decision.

The Veteran's skin disorder and bilateral shoulder disorder were not incurred in or aggravated by service. The Board found that the evidence did not establish an in-service event, injury or disease, and there was no exposure to Agent Orange.

The case is being remanded for further development and examination, including obtaining additional medical records and scheduling the Veteran for VA examinations to address his claims.

The Board has dismissed the appeal of entitlement to an increased rating for erectile dysfunction due to withdrawal. The claims of service connection for a skin rash, left shoulder disability, degenerative osteoarthritis, and left eye disability have been denied as there is no evidence of current disabilities or a link between any claimed conditions and active duty service.

The Board has remanded the case for additional development, including obtaining a VA social and industrial survey to assess the combined impact of the Veteran's service-connected disabilities on his employability.

The Board finds that the Veteran's right shoulder pain is not a separate disability, but rather secondary to her service-connected cervical spine degenerative disc disease and right upper extremity radiculopathy.

The Veteran's service connection claims for various conditions were granted, with specific evaluations assigned. The lumbar spine condition was initially evaluated as not meeting the criteria for a higher evaluation prior to February 17, 2011 and from August 16, 2011 onwards. For cervical spine disability, initial compensable evaluation was denied prior to August 16, 2011 but granted at 20 percent thereafter. The left shoulder condition received a compensable evaluation starting from August 16, 2011. Right knee and benign prostatic hypertrophy conditions were initially evaluated as non-compensable. Right-side sciatica was evaluated as moderately severe since January 27, 2015. Hemorrhoids did not meet the criteria for a compensable evaluation.

The Veteran's service records show a shrapnel wound in the right posterior axilla area during his military service. The Board has found that he currently has residuals of this injury, and thus service connection is granted.

The Veteran's service-connected disabilities, including his right and left knee replacements and limited range of motion in the left ankle, have rendered him unable to secure or follow substantially gainful employment. His acquired psychiatric disability is also service connected as secondary to his orthopedic conditions.

The Board has determined that the Veteran's left shoulder disability, including arthritis and impingement syndrome, did not manifest during service or within one year of separation from service. The evidence does not support a finding that it is related to service or secondary to his service-connected right shoulder disability.

The Veteran's right shoulder disability, characterized by a shrapnel wound and scar, is currently rated at 20 percent disabling. The Board finds that the evidence does not support an increase in rating during this time frame.

The Veteran's claims for increased ratings for migraine headaches and left shoulder impingement have been denied. The maximum schedular rating of 50 percent has been assigned for migraine headaches since January 6, 2014, and the maximum schedular rating of 20 percent has been assigned for left shoulder impingement since January 6, 2014.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and his claim for TDIU is denied.

The Board has determined that the Veteran's sarcoma of the left shoulder is directly related to in-service exposure to ionizing radiation and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of whether referral under 38 C.F.R. § 3.321(b) is warranted.

The Board denied the reopening of a claim for service connection for a right shoulder disability, finding that new and material evidence had not been submitted to support the claim.

The Board found that the Veteran's cervical spine and right shoulder disabilities were not incurred in service, nor may they be presumed due to exposure to Agent Orange or other environmental factors. The preponderance of evidence is against a finding that these conditions are related to his military service.

The Veteran's claims are being remanded to obtain additional medical records and for a new VA examination. The issues include service connection for right shoulder disability, low back disability, and cervical spine disability.

The Veteran's left arm neuralgia, previously characterized as left shoulder thoracic outlet syndrome, is evaluated at 10 percent and the appeal for a higher rating is denied.

The Veteran meets the schedular criteria for TDIU from February 1, 2014; his service-connected disabilities combine to render him unable to secure and maintain substantially gainful employment.