Shoulder decisions — 2017

The Veteran's appeal has been withdrawn, and all claims have been dismissed.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his level of education and work history.

The Veteran's service-connected disabilities, including left eyebrow scar, optic nerve damage with defective vision and glaucoma in the left eye, acromioclavicular joint osteoarthritis of both shoulders, degenerative arthritis of the spine, cerebral concussion with impairment of balance, maxillary sinusitis, residuals dislocation of the 2nd and 3rd toes on the left foot, and burns to the right leg, meet the schedular percentage requirements for a TDIU since February 7, 2007.

The Veteran's service treatment records do not indicate any diagnosed cardiovascular disability, and his hypercholesterolemia is considered a laboratory finding. There is no current diagnosis of a right or left shoulder condition.,Service connection for the claimed conditions cannot be granted as there is no evidence of a current disability.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his right knee conditions prior to November 17, 2014 or after December 17, 2015. Service connection for a right shoulder condition was also denied as secondary to his service-connected right knee disability.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's left shoulder disability, which includes a healed rotator cuff tear with residual strain, is currently rated at 20 percent and does not warrant an increased rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for VA examinations to assess his right shoulder, cervical spine, and gastroesophageal reflux disease disabilities.

The Board is requesting clarification from the VA examiner regarding whether the November 2008 motorcycle accident caused or aggravated the Veteran's left shoulder disability. The Veteran contends that his left shoulder injury was due to a fall during the same incident as his service-connected right ankle disability.

The Board has determined that the Veteran's left shoulder and neck disabilities were not incurred in or related to his military service, including due to an injury therein. The claims for service connection are therefore denied.

The Veteran's left shoulder disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted. The Veteran also meets criteria for TDIU based on his service-connected disabilities.

The Board has determined that there is no current evidence of a right shoulder, left shoulder, or headache disability. Therefore, the claims for service connection for these conditions have been denied.

The VA determined that the Veteran did not sustain an additional disability as a result of the March 2007 left shoulder arthroplasty, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's hepatitis B is currently rated at 10 percent effective July 31, 2007. The Board finds a higher rating is not warranted for any time during the appeal period.

The Board has remanded the case to obtain relevant Social Security Administration (SSA) records, including those related to the Veteran's left shoulder disability. The appeal is currently in a pending state due to this requirement.

The Veteran's degenerative arthritis of the bilateral shoulders is found to be related to his service-connected right knee disability, and thus service connection for this condition is granted.

The Veteran withdrew his appeals for the claims related to residuals of a left shoulder injury and pes cavus of the right foot.

The Veteran's appeals have been withdrawn by his representative during a May 2017 Board hearing.

The Board has remanded the case due to the need for additional development of records related to the Veteran's knee and shoulder injuries.

The Veteran's claim for TDIU on an extra-schedular basis prior to October 25, 2011 was denied as there is no evidence that his service-connected disabilities alone rendered him unemployable.