Shoulder decisions — 2017

The Veteran's claim for an increased rating and earlier effective date for his service-connected left shoulder impingement syndrome have been granted. The effective date is set at March 5, 2009.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a bilateral shoulder disability. The Board finds that the current diagnosis of bilateral shoulder instability, along with other diagnoses provided by private physicians, raises a reasonable possibility of substantiating the claim. Therefore, the claim is granted.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of service connection for low back, bilateral knee, bilateral shoulder, and cervical spine disabilities are on appeal.

The Veteran has withdrawn his appeals regarding increased ratings for various conditions, including obstructive sleep apnea, right ankle degenerative joint disease, lumbar spine degenerative changes, left lower extremity radiculopathy (sciatic branch), right shoulder degenerative joint disease, left shoulder degenerative joint disease, tinnitus, heart disorder, and other related conditions. The appeals are dismissed.

The Veteran's neck and shoulder conditions are being remanded for further examination as the current VA examiner's opinion is inadequate due to lack of discussion on in-service IED blast exposure.

The Veteran's death was caused by a stroke, which the VA doctor opined was due to his service-connected type II diabetes with peripheral neuropathy of the lower extremities and medication for ischemic heart disease. The Board grants service connection for the cause of the Veteran's death. However, there is no evidence in the file at the date of death that would have supported a claim for accrued benefits.

The Board has determined that the Veteran does not have current diagnoses for most of his claimed conditions and finds no evidence to support service connection for these disorders. The only condition found by the Board with a possible link to service is dementia, but this was many years after service.

The Board denied service connection for a right shoulder disability and initial compensable ratings for bilateral hammer toes of the second, third, and fourth toes and status post left bunionectomy.

The Veteran's service records do not show any foreign service, including in Korea. The appellant's claims for cold injuries and neuropathy are denied as there is no credible evidence of an in-service stressor or disease/injury.

The Veteran would have been in receipt of a total disability rating based on individual unemployability for at least 10 years immediately preceding his death but for clear and unmistakable error (CUE) in the June 2003 VA rating decision. As such, the criteria for DIC benefits under 38 U.S.C. § 1318 are satisfied.

The Veteran's claims for increased ratings and service connection were granted, with a 30 percent rating assigned for the left shoulder disability effective November 17, 2016.

The Board denied the Veteran's claims for service connection for sleep apnea, a bilateral shoulder disability, and a bilateral foot disorder. The evidence did not establish that these conditions were incurred or aggravated by his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his right shoulder disability. The TDIU claim is also being remanded due to its inextricability with the right shoulder disability claim.

The Veteran's right shoulder disability has been manifested by limited motion, but not to the extent that would warrant a higher rating. The Board finds no evidence of ankylosis or limitation of motion to less than shoulder level.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Board denied the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, as well as his requests to reopen previously denied claims.

The Board finds that the Veteran's right elbow tendonitis and epicondylitis were aggravated during active service.,The Board also finds that the Veteran's right shoulder tendonitis and biceps bursitis were incurred in active service.

The Board has granted service connection for bilateral shoulder, hand, foot, and leg disabilities as presumed related to service in Southwest Asia. The Veteran's cervical spine disability is rated at 30 percent, and his lumbar spine disability is rated at 40 percent.

The Board has reopened the Veteran's claim for service connection of his right shoulder tear rotator cuff and granted a rating increase for his nonunited fracture of navicular bone, right foot. The Veteran is also entitled to TDIU.

The Veteran is granted a 10 percent rating for her low back disability, right hip disability, and right shoulder disability prior to December 19, 2016. The claim for service connection for cervical spine disability has been withdrawn.