Shoulder decisions — 2017

The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to July 13, 2010, for service connection for migraine headaches.,The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to July 13, 2010, for service connection for right shoulder strain.,The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to March 10, 2010, for service connection for dry eye syndrome with bilateral pinguecula and chronic conjunctivitis (claimed as an eye condition, status post Lasik eye surgery).,The Veteran withdrew his appeal for the issue of service connection for asthma (also claimed as shortness of breath).,The Veteran withdrew his appeal for the issue of service connection for pes planus.,The Veteran withdrew his appeal for the issue of service connection for temporomandibular joint dysfunction syndrome.,The Veteran withdrew his appeal for the issue of service connection for a liver condition, claimed as elevated enzymes and enlarged liver.

The Veteran's service connection claims for right and left shoulder disabilities, as well as his claim for residuals of malaria, have been withdrawn. The remaining claims for obstructive sleep apnea, peripheral neuropathy of the feet, erectile dysfunction, and genital herpes were denied.

The Veteran's acquired psychiatric disorder, including PTSD, was granted service connection. Service connection for left elbow, left shoulder, right ankle, and right knee disorders were denied due to lack of evidence linking these conditions to service or a service-connected disability. Service connection for thoracolumbar spine disorder, testicular pain, chest pain (costochondritis), stomach pain, and headaches was also denied.

The Veteran's left shoulder disability resulted in a 20 percent initial rating since October 20, 2016.,Initial ratings of 10 percent were assigned for the service-connected bilateral knee disabilities.

The Veteran's chronic left shoulder strain is currently rated at 10 percent, but the evidence does not support a higher rating as there is no ankylosis or significant impairment of motion that would warrant such a rating.

The Board has determined that the Veteran's current left shoulder and left ankle disabilities are not service-connected due to lack of evidence of a chronic condition during or within one year after service, and because there is no medical opinion linking these conditions to service.

The Veteran's service-connected disabilities, including sleep apnea, major depression, cervical spine degenerative disc disease, right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, bladder dysfunction, right shoulder arthritis, allergic rhinitis, left and right lower extremity radiculopathy, hypertension, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2012.

The Veteran's left shoulder impingement has been rated at 20 percent since February 17, 2005. The current rating is in line with the evidence showing limitation of motion to flexion and abduction up to 115 degrees.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a VA medical opinion regarding the etiology of his right shoulder disability. A new VA examination is also needed to determine the current nature and severity of his left shoulder disability.

The Veteran's service connection claims for various conditions, including a thoracolumbar spine disorder, right shoulder disorder, cervical spine disorder, and TBI residuals have been granted.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. Additional examinations are also needed to assess the current severity of his right hip, right shoulder, left knee, and right knee disabilities.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining income information. The claim of entitlement to nonservice-connected pension is being returned to the agency of original jurisdiction (AOJ) for further action.

The Board has determined that the Veteran's right shoulder and cervical spine disabilities are at least as likely as not related to his active service, granting service connection for these conditions.

The Board found that the Veteran's bilateral knee disability, arthritis of hips and elbows/shoulders did not originate in service or for many years thereafter and are not related to any incident during active service.

The Veteran has withdrawn his appeals for the claims of entitlement to service connection for a thoracolumbar spine disability, a right shoulder disability, a left shoulder disability; as well as entitlement to an initial evaluation in excess of 40 percent for right superior oblique palsy (cranial nerve IV) with intermittent bilateral diplopia; and entitlement to an evaluation in excess of 10 percent for cervical strain.

The Board found that the Veteran's current diagnosed back, hips, feet, elbows, and shoulders disorders did not manifest until decades after his active period of service. The preponderance of evidence is against a finding that these conditions are otherwise related to his active period of service or secondary to his service-connected disabilities.

The Board found that the Veteran's right shoulder disability, prior to August 14, 2012, warranted a 20 percent rating. From August 14, 2012, to July 1, 2013, it warranted a 30 percent rating.

The Board has remanded the case for further development due to new evidence submitted by the Veteran and his representative, which includes a VA examination of his neck and cervical spine.

The Veteran's appeal is being remanded for additional development, including a new VA examination and scheduling of a video conference hearing.

The Veteran's appeal is being remanded due to the need for VA examinations to address the nature and etiology of his sleep apnea, left shoulder condition, and headaches. The Board will consider further action after these examinations are completed.