Shoulder decisions — 2016

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of a cerebrovascular accident (CVA) and right shoulder disability, characterized as a right shoulder rotator cuff tear, were denied because the evidence did not support that VA carelessness or negligence caused his additional disabilities.,The Veteran's CVA was not found to be related to the March 2005 surgical procedure. The examiner noted that the risk of stroke after an aortic valve repair is known and disclosed on the consent form, thus no negligence occurred.

The Veteran's left shoulder disability is currently rated as 20 percent disabling, effective from December 27, 2012. The Board denied a higher rating for the period prior to December 27, 2012 and denied any rating greater than 20 percent from that date.

The Board denied the Veteran's claims for increased disability ratings for his service-connected cervical spine, right foot disabilities, and multiple scars on the right thumb. The reduction in the rating for the service-connected right shoulder disability from 20 percent to 10 percent effective May 26, 2011 was found to be proper.

The Veteran's PTSD is rated at 50% and his right ankle disability remains at 10%. The claims for lumbar spine, right shoulder, right knee, left ankle disabilities are not addressed.

The Board has granted service connection for bilateral shoulder pain and left ear hearing loss, finding that the Veteran's symptoms are related to his service in the Southwest Asian Theater of operations during the Gulf War.

The Board has determined that the Veteran's left shoulder disability and deviated septum are related to his military service, granting service connection for these conditions.

The Board has determined that the Veteran's right shoulder arthritis is service-connected, as his symptoms have been continuous since service separation. The left shoulder disorder claim is denied due to lack of evidence linking it to service.

The Veteran's appeal is being remanded to obtain additional development regarding his skin rash/skin disability, bilateral shoulder replacements, and asbestos exposure claims.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a social and industrial survey. The Veteran's service-connected disabilities are expected to be considered in determining his eligibility for TDIU.

The Veteran's service-connected thoracic and lumbar spine disability most likely contributed to his loss of use of his feet, which meets the criteria for automobile and adaptive equipment or adaptive equipment only.

The Veteran's service-connected disabilities, including Posttraumatic Stress Disorder with Depression and degenerative joint diseases, do not render him unemployable as he is currently employed.

The Board has granted service connection for residuals of gunshot wound, right foot and right shoulder disability. Service connection was denied for right foot tendonitis.

The Board has denied the Veteran's claims for service connection for left ear hearing loss and right shoulder condition, finding no current disability. The Veteran's PTSD is currently rated at 50% disabling.

The Board found that the Veteran's left shoulder disability is not related to his service and denied his claim for service connection.

The Board has determined that the Veteran's bilateral shoulder disability, diagnosed as degenerative joint disease, was not incurred during active service and is not secondary to his service-connected residuals of a right wrist fracture with status post internal fixation.

The Board has granted service connection for a chronic left shoulder disability.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine was manifested by forward flexion greater than 30 degrees and combined range of motion of the thoracolumbar spine greater than 120 degrees. The effective date for the award of service connection is assigned from September 15, 2008.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and review of his medical records.

The Veteran's appeal is being remanded to obtain additional medical records and for VA examinations to determine the nature and etiology of his claimed bilateral hearing loss, tinnitus, low back disorder, and shoulder disorders.

The Board has granted service connection for left knee patellofemoral syndrome and osteoarthritis, as well as left shoulder supraspinatus tendinosis and acromioclavicular joint degenerative joint disease. The Veteran's conditions are found to be related to her active service.