Shoulder decisions — 2016

The Veteran's service-connected disabilities cause incapacity that requires regular aid and assistance of another person to dress, perform basic hygiene tasks such as bathing, and to protect him from hazards or dangers incident to his daily environment. The Board finds the criteria for special monthly pension benefits based on the need for regular aid and attendance have been met.

The Veteran's claims for increased ratings and service connection have been granted. The cervical spine disability claim has been reopened, but no specific theory of service connection was provided.

The Board has decided that further development is needed before a decision can be made on the Veteran's claim for service connection for the cause of his death. Specifically, a VA examination is required to determine if the Veteran's service-connected disabilities caused or contributed to his death.

The Veteran's service-connected disabilities are of such severity as to effectively preclude substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him.

The Board has determined that the Veteran's claimed left shoulder and left hand/forearm disabilities were not incurred or aggravated during service, and therefore, denied his claims for service connection.

The Board has granted service connection for chronic musculoligamentous strain of the right shoulder, bilateral patellofemoral pain syndrome, and chronic bilateral musculoligamentous ankle strain.

The Veteran's appeal for an initial rating greater than 10 percent for a right shoulder disability prior to December 16, 2008, and a rating greater than 20 percent from December 16, 2008 is dismissed. The Board granted the Veteran a TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, including schizoaffective disorder and migraine headaches, have met the percentage requirements for a TDIU from January 15, 2008 to August 31, 2015. The evidence is in relative equipoise as to whether her service-connected psychiatric disorders prevented her from obtaining and retaining substantially gainful employment.

The Board has remanded the case for further development, including obtaining missing service records and providing a VA examination to address the Veteran's claims.

The Veteran's appeal is being remanded due to the need for additional examination and treatment records.

The Board finds that the Veteran's claimed back and shoulder disabilities are not related to his military service. The evidence does not support a finding of in-service incurrence or aggravation, nor can it be established as secondary to any service-connected disability.

The Veteran's appeal is being remanded for additional development, including verifying his periods of active duty and Army Reserve service, obtaining relevant VA treatment records, and scheduling a VA examination to determine the nature and etiology of his left ear hearing loss.

The Veteran's appeal is being returned to the AOJ for additional development, including obtaining VA treatment records and scheduling a new VA examination. The issues of increased rating for right shoulder disability and TDIU are also inextricably intertwined and must be addressed together.

The Veteran's appeal is being remanded due to his failure to attend scheduled VA examinations and the need for additional examination and opinion regarding his service-connected conditions, as well as a new VA examination to assess any current respiratory disability. The claims will be readjudicated after these actions.

The Veteran's service-connected disabilities, including his right shoulder and mental health conditions, have rendered him unable to secure or follow substantially gainful employment since November 1, 2013.

The Veteran's heart condition, including coronary artery disease with angina, is presumed to be related to his military service and exposure to herbicides in Vietnam.,Service connection for a left shoulder disability secondary to the service-connected right shoulder disability is granted.

The Board has granted a 20 percent disability rating for the Veteran's right shoulder disability, effective September 8, 2008. The claim for a higher initial rating remains pending and is not addressed in this decision.

The Veteran's left shoulder disability is currently rated at 20 percent, which does not meet the criteria for a higher rating based on limitation of motion or other service-connected conditions. The evidence shows that his symptoms have remained consistent with some pain and limited range of motion.

The Board has reopened the Veteran's claim of entitlement to service connection for residuals of a left shoulder replacement and finds that new and material evidence has been received. The case is remanded for further development, including obtaining VA treatment records, SSA disability determination records, and private medical records.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims.