Shoulder decisions — 2016

The Board has ordered the case back to the AOJ for further development, including obtaining updated VA treatment records and any relevant American Hospital in Dubai records. The Veteran is also asked to provide authorization for these records.

The Veteran's appeals for increased ratings have been withdrawn, and the Board has dismissed the appeal.

The Veteran's initial evaluations for his left and right shoulder disabilities have been granted, but the ratings are still below what he is seeking.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability records and arranging for an orthopedic examination. The issue of TDIU has also been raised.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining VA treatment records, providing an addendum opinion from the November 2014 examiner, and reviewing the TDIU claim.

The Veteran's appeals for increased ratings for right shoulder and left knee disabilities have been withdrawn, effectively dismissing the appeal.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including those related to undiagnosed illnesses or chronic multisymptom illnesses. The claims are denied.

The Board has determined that the Veteran's claims for service connection are granted, with the exception of his claim for a rating in excess of 10 percent for parathyroidectomy with history of hyperthyroidism. The remaining issues on appeal include service connection for a left hip condition, obstructive sleep apnea, and heart condition, all claimed as secondary to service-connected parathyroidectomy.

The Board has determined that the Veteran's hip and shoulder disorders are not related to his active duty service, including any service-connected conditions. The appeals for these issues have been denied.

The Board has determined that the Veteran's service-connected right wrist disability aggravates his currently diagnosed right shoulder arthritis, and thus grants entitlement to service connection for the right shoulder arthritis as secondary to the service-connected right wrist disability.

The Veteran's appeal is being remanded to schedule him for a VA examination and obtain additional medical records. The issues of entitlement to an evaluation in excess of 20 percent for right shoulder recurrent dislocation with degenerative arthritis of the AC and glenohumeral joint, and entitlement to an initial compensable evaluation for scar, status post surgery, right shoulder will be reconsidered after these actions.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical opinions and treatment records.

The Board has restored the Veteran's 40 percent evaluation for his service-connected right shoulder disability, effective February 29, 2012, as the reduction was void ab initio due to improper application of regulations.

The Veteran's claims for increased ratings and service connection were denied. The current disability ratings for his degenerative joint disease of the right shoulder, elbow, cervical spine, and lumbar spine are all 10 percent.

The Board has granted the Veteran's claims for service connection for bilateral flat foot (pes planus) and plantar fasciitis. The remaining issues of service connection for left knee condition, hypertension, myocardial ischemia/infarction, right knee arthritis, sleep apnea, and left shoulder condition are remanded for further development.

The Veteran's right shoulder disability, which includes acromial impingement syndrome and degenerative joint disease of the acromioclavicular joint with postoperative resection of the right distal clavicle, is rated at 20 percent from February 23, 2009 to October 28, 2014, and in excess of 20 percent thereafter. The Veteran's TDIU claim was granted.

The Veteran's chronic body pain, including fibromyalgia and joint/muscle conditions, were not found to be related to service or an undiagnosed illness. The Board denied the claims for these issues.

The Board has determined that the Veteran's bilateral hearing loss does not warrant a compensable rating at any time during the period on appeal.

The Veteran was working full-time as a drug task force police officer from January 2005 to May 21, 2011. The Board finds that the service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment during this period.

The Veteran's claimed conditions, including chronic fatigue syndrome, multiple joint pain (excluding knees and elbows), respiratory disorder, and sleep disturbance, are not service-connected. The Board found that the Veteran did not have a qualifying chronic disability related to his Persian Gulf War service.