Shoulder decisions — 2016

The Veteran's claims for service connection were denied. The Board found that tinnitus was not incurred in or aggravated by service, and the shoulder disability (including joint pain) was not related to in-service herbicide exposure.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of his claims.

The Board has remanded the Veteran's claims of entitlement to service connection for PTSD and a right shoulder disorder due to outstanding VA treatment records and the need for additional examinations.

The Veteran's claims for higher ratings on the right shoulder, left foot plantar fasciitis, and second degree burn to the back have been denied. The claim for service connection for a benign essential tremor of the left hand has been withdrawn.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records, as well as private medical records. The claims will be remanded for these purposes.

The Board denied the Veteran's claims of service connection for bilateral hearing loss disability, tinnitus, and obstructive sleep apnea. The left shoulder disability was rated at 20 percent, while the right ankle disability was also rated at 20 percent.

The Board has determined that the Veteran's left foot and left shoulder disabilities were not incurred or aggravated by service, and arthritis of these areas may not be presumed to have occurred therein. The lumbar spine disability issue is being remanded.

The Board denied service connection for PTSD, cervical spine disability, and bilateral shoulder disability. The Veteran's claims were based on direct evidence of a link between his in-service experiences and the current disabilities.

The Veteran's left shoulder/scapula dysfunction is found to be related to his active military service, and he is granted service connection for this condition.,For the initial disability rating in excess of 10 percent for service-connected anterior cruciate ligament repair of the left knee with arthritis, the evidence does not show that the Veteran's range of motion has been limited by limitation of extension, arthritis, ankylosis, instability, subluxation, dislocated semilunar cartilage with frequent periods of effusion, removal of semilunar cartilage, or impairment of the tibia and fibula.

The Veteran's basal cell carcinoma is at least as likely as not the result of herbicide exposure and sun exposure during service. The RO granted service connection for this disability. Other issues remain pending in appellate status.

The Veteran's claims for service connection and increased evaluations are granted. Service connection is established for hand tremors, bilateral wrist disability, reactive arthritis with sacroiliitis residuals, gastroesophageal reflux disease (GERD), and right shoulder inferior labral tear with acromioclavicular degenerative joint disease. Increased evaluations are assigned.

The Veteran's right shoulder disability, characterized by recurrent dislocation at the scapulohumeral joint with infrequent episodes and guarding of movement at the shoulder level, warrants a 20 percent rating from March 27, 2009 to April 29, 2015.

The Veteran's service-connected bilateral shoulder disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has determined that referral for extraschedular consideration is warranted due to the Veteran's right shoulder instability and sleep impairment, which may collectively impact his disability picture.

The Board has determined that the Veteran's lumbar spine and shoulder disabilities are not related to service, and thus denied these claims.

The Veteran's appeal is being remanded to the AOJ for additional development of evidence related to his claims, including review of SSA records and VA DBQs. The case will then be returned to the Board if necessary.

The Board has determined that recovery of the overpayment of pension benefits in the amount of $12,727 would be against the principles of equity and good conscience due to VA's fault in not promptly adjusting the Veteran's pension benefits after he notified them of his additional income from Social Security Administration (SSA) benefits.

The Board has found that the evidence is in equipoise regarding whether the Veteran's bilateral cataracts and bilateral pterygium are related to his active service. The claims for rheumatoid arthritis of the shoulders, wrists, and hands remain pending as they require additional development.

The Veteran's left shoulder disability is rated at 40 percent, effective from the date of his claim. The appeal for higher ratings or separate ratings was denied.

The Board has determined that the Veteran's left knee, cervical spine, right shoulder, and bilateral foot disabilities are all service-connected as they were incurred during his active duty service.