Shoulder decisions — 2016

The Board has remanded the case for further examination and opinion regarding the Veteran's heart condition, left knee disability, right shoulder disability, and gynecological disorder. The issues on appeal are related to whether these conditions are service-connected.

The Veteran's claim for an effective date earlier than February 28, 2012 for the grant of service connection for a left shoulder disability was denied. The Veteran's request to reopen his previous claims and seek increased ratings were also denied.

The Veteran's claims for service connection are being remanded due to the need for additional development and readjudication, including obtaining records from SSA, VA treatment records, and opinions regarding exposure to herbicides in Vietnam.

The Board finds that the Veteran's cervical spine disability was incurred in service and is related to his right shoulder disability. The claim for secondary service connection for right upper extremity radiculopathy is also granted.

The Board denied the Veteran's claims of service connection for bilateral shoulder disability and gastrointestinal disorder, finding no evidence linking these conditions to his active duty.

The Veteran's combined rating for his service-connected disabilities is 90%, which satisfies the criteria for a TDIU. The evidence shows that the Veteran's PTSD renders him unable to secure or follow a substantially gainful occupation.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for bilateral shoulder disorders, bilateral hip disorders, and prostate cancer. The preponderance of the evidence shows that these conditions were not incurred or aggravated during active military service.

The Veteran seeks service connection for a bilateral shoulder disorder. The case is being remanded to obtain an examination and additional treatment records, as well as to attempt to schedule the Veteran for an appropriate VA examination.

The Veteran's claims for evaluations of his psychiatric disorders, lumbar strain, right ring and little finger degenerative joint disease, left shoulder tendonitis, left knee patellofemoral pain syndrome, left ankle strain, and left foot plantar fasciitis from February 1, 2010 to September 6, 2011 were denied as the symptoms did not meet the criteria for a higher rating.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is remanded for additional development, including an examination to assess the severity of his right shoulder disability and any neurological symptoms. The case will be readjudicated after this development.

The Board found no evidence of a right ankle or right shoulder disability being incurred in service, present within one year of separation from active duty, or continuous since service. Therefore, the Veteran's claims for service connection were denied.

The Veteran's claim for an earlier effective date prior to June 10, 1996 for the grant of service connection and separate 10 percent ratings for right and left hip disabilities is denied as his free-standing claim for an effective date earlier than June 10, 1996 is not authorized by law.

The Veteran's appeal is being remanded for additional development and consideration of the issues related to service connection for various conditions, including tinea, bilateral hand arthritis, shoulder bursitis, elbow bursitis, wrist degenerative arthritis, right hip osteoarthritis, lumbar spondylosis, right knee osteoarthritis, and depressive disorder.

The Board has granted service connection for tinnitus and found that the evidence is at least in equipoise as to whether the Veteran's tinnitus is causally or etiologically related to his military service or is secondary to his service-connected bilateral hearing loss. The claim of service connection for a bilateral shoulder disability remains pending.

The Veteran's appeals for service connection and initial compensable ratings have been withdrawn. The Board has dismissed the remaining claims due to lack of appeal.

The Veteran's claims for increased disability ratings were denied as his service-connected conditions did not meet the criteria for higher evaluations under applicable rating criteria.

The Board has determined that the Veteran's left shoulder and low back disabilities are service-connected, with no issues remaining for appeal.

The Veteran's right shoulder disability is currently rated at 20 percent, effective February 10, 2010. The rating reflects limitation of motion to shoulder level.

The Veteran's appeal is being remanded due to the need for additional development and clarification of his claims, including obtaining updated treatment records and scheduling a VA examination.