Shoulder decisions — 2017

The Veteran's claim for service connection for a right shoulder disorder has been reopened and is now pending. The evidence received since the last final denial shows that his right shoulder disorder may be related to military service.,Service connection was granted for major depressive disorder, but no specific rating or compensation amount was provided as it was not addressed in this decision.

The Veteran's service-connected disabilities, including a lumbar spine disability, cervical spine disability, right and left shoulder disabilities, bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's left shoulder disability, including degenerative disc disease, is aggravated by his service-connected cervical spine degenerative disc disease. Therefore, the claim for service connection is granted.

The Board has remanded the claims for further development due to the Veteran's failure to report to scheduled VA examinations. The case is now pending and will be reviewed again after the additional development.

The Veteran's service-connected disabilities, including PTSD and fibromyalgia, did not render him unable to secure or maintain substantially gainful employment prior to July 19, 2013.

The Veteran's postoperative hemilaminectomy and laminectomy, low back, was rated at 20% prior to March 28, 2012, and at 60% from that date onwards.,Right lower extremity neuropathy was rated at 40% prior to March 28, 2012. Since then, the Veteran's condition has been rated at 40%.,Left lower extremity neuropathy has also been rated at 40% since March 28, 2012.,The Veteran's left shoulder arthritis was initially rated at 20%, and this rating remains unchanged.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to June 11, 2015. The Board found that the preponderance of evidence was against a finding that it is at least as likely as not that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's left shoulder disability was not incurred in or aggravated by service, and the Board denied service connection for this condition. The issues of bilateral shin splints and a bilateral knee condition are remanded due to new evidence.

The Board has determined that the Veteran's claims for increased ratings and service connection are denied due to lack of evidence showing a claim within one year of separation from active duty. The effective dates for service connection have been set at January 15, 2009.

The Veteran's service-connected cervical spine disability is rated at 20 percent, and the Board found that it does not warrant a higher rating based on additional limitation of motion or other factors. The claims for bilateral shoulder, hip, knee disabilities, and right lower extremity peripheral neuropathy were denied as they are not proximately due to or aggravated by service-connected conditions.

The Veteran's claims for increased ratings are being remanded to obtain updated VA examinations and treatment records, as the current information in the file is outdated.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examinations and medical records.

The Veteran's PTSD is rated at 70 percent, effective February 10, 2010. The Board granted a rating of 100 percent for PTSD, effective the same date, and dismissed the TDIU claim as moot due to the grant of a 100 percent rating.

The Board found no evidence of a right shoulder disability, headaches, sleep apnea, tinnitus, right hand disability, bilateral carpal tunnel syndrome, back disability, neuropathy, allergies, arthritis, or erectile dysfunction that were incurred in service. The Veteran's current conditions are not presumed to have been incurred due to the lack of showing within one year post-service.

The Veteran's service-connected disabilities, including his psychiatric conditions and orthopedic issues, have resulted in the need for regular aid and attendance. The Board has determined that he requires this assistance due to his service-connected conditions.

The Veteran's right shoulder tendonitis capsulitis is now rated at 30 percent effective June 16, 2009. His varicose veins of the right and left legs are each rated at 20 percent.

The Board has remanded the case for additional development, including obtaining a dose estimate from the Defense Threat Reduction Agency and referral to the VA Under Secretary for Benefits.

The Board denied the Veteran's claims for service connection for right shoulder, right elbow, upper back, and lower back disabilities due to a lack of evidence linking these conditions to his military service.,There is no clear medical evidence or testimony connecting any current back disability to service.

The Board has determined that the Veteran's current left shoulder disability is not incurred or aggravated by service, and arthritis is not presumed to have been incurred within one year of separation from service.

The Board has determined that the Veteran's current right shoulder disorder is related to his active duty service, and therefore grants the claim for residuals of a right shoulder injury.