Shoulder decisions — 2017

The Veteran's appeal is being remanded to provide a VA examination for his right knee disability and to issue an SOC regarding the service connection claims. The TDIU claim will be adjudicated after the right knee rating claim.

The Board has ordered further development of the record to determine if there is a relationship between the Veteran's left shoulder disability and his active service. The case will be remanded for this purpose.

The Board has determined that the appellant does not have a current diagnosis of a right shoulder disorder, left shoulder disorder, or bilateral foot disorder. Therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment since March 8, 2014. The Board finds that the evidence is approximately evenly balanced as to whether his service-connected conditions render him unable to secure and follow a substantially gainful occupation.

The Veteran's right and left shoulder disabilities have been evaluated at 20 percent each, with no higher ratings warranted based on the current evidence of record.

The Board found no evidence of a current left shoulder disorder or sleep apnea, and thus denied the Veteran's claims for service connection in both instances. The decision did not address any potential presumptive service connection under the Persian Gulf War provisions.

The Board has remanded the case for further development, including verification of all periods of service and VA medical opinions to determine if any current back, shoulder, or hand conditions are related to active duty.

The Veteran's service-connected residuals of left proximal fifth metatarsal fracture do not warrant a compensable rating. The Board found no evidence that the Veteran's left shoulder AC joint arthrosis, cervical spine degenerative disease, or low back disability are related to his active service.

The Veteran's PTSD has been rated at 70 percent, the highest available rating. The Board also granted a TDIU based on his service-connected disabilities.

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's service-connected knee and shoulder disabilities, as well as any outstanding private or VA treatment records should be obtained.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence was not received to reopen the claim of right shoulder disability, but left knee arthritis is service connected. The Veteran's right knee disabilities are rated based on limitation of motion.

The Board has determined that the Veteran's current left shoulder disability is not related to his active service and therefore denied his claim for service connection.

The Board has determined that the Veteran's left shoulder strain and degenerative joint disease of the left knee are service-connected.,The Veteran reported experiencing symptoms in his left shoulder and left knee during military service, which have persisted since then.

The Veteran's combined rating for his service-connected conditions is 90 percent, which meets the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities. However, the evidence does not support a finding that he is unable to secure and follow a substantially gainful occupation solely due to these conditions.

The Veteran's service-connected psychiatric disability has been rated at 100% since August 22, 2016. The Board finds that he is entitled to a TDIU effective from March 3, 2011, based on his unemployability due to his service-connected disabilities.

The Veteran's claims for increased ratings for his right shoulder disabilities were denied. The initial rating of 10 percent for the right shoulder strain with rotator cuff tear was upheld, while the claim for a higher rating for dislocation of the right scapulohumeral joint was denied.

The Board vacated the May 2017 decision and remanded the case for further action due to a lack of due process.

The Veteran's service-connected left shoulder disability and adjustment disorder have resulted in a combined rating of 60%, meeting the minimum schedular criteria for TDIU. The Board granted TDIU based on his inability to obtain and maintain substantially gainful employment due to these disabilities.

The Board has remanded the Veteran's claims due to unsuccessful attempts to obtain treatment records from the Arkansas Valley Correctional Facility. The case is now pending for further development and potential readjudication.

The Veteran's right shoulder disability is rated at 20 percent for limitation of motion, but the compensable rating under DC 5203 (impairment of the clavicle or scapula) has been restored. The claim for a higher rating remains denied.