Shoulder decisions — 2017

The Veteran's appeal involves multiple service-connected disabilities, including heart attacks/stress, pinched nerve in back, right hip condition, traumatic brain injury, and others. The Board has remanded the case for additional development to obtain his service personnel records.

The Board has determined that the Veteran's left shoulder disability and uterine fibroids with hysterectomy are service-connected, as they originated during her active service.

The Board found that the Veteran's current right forearm and shoulder disability did not manifest during active service, arthritis of the right upper extremity did not manifest to a compensable degree within one year of separation from active service, and the current right forearm and shoulder disability is not etiologically related to active service or proximately due to, caused by, or aggravated by the service-connected right hand and thumb disability.

The Veteran's claims of entitlement to service connection for a neck disability and bilateral shoulder disability have been denied as there is no evidence of such disabilities during active service or within one year of discharge, and the preponderance of the evidence does not support a finding that these conditions are related to service.

The Board has determined that the Veteran's bilateral shoulder disability is not service-connected, as there is no evidence of a current disability related to his car accident during service. The acquired psychiatric disorder has been rated at 30%.

The Board has determined that the Veteran's current right shoulder arthritis is at least as likely as not related to his active service, granting service connection for this disability. The other issues on appeal are remanded for further development.

The Board has determined that a remand is required due to the Veteran's failure to report for a scheduled VA examination, and other procedural issues. The case will be returned to the AOJ for further development.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining a supplemental statement of the case (SSOC).

The Veteran is entitled to a TDIU since April 1, 2011 due to his service-connected disabilities.

The Veteran's appeal is being remanded to obtain updated treatment records and a VA examination for his intervertebral disc syndrome. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's right shoulder disability is currently rated at 40 percent, the highest schedular rating based on limitation of motion. The appeal for a higher rating has been denied.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and a medical examination.

The Board has remanded the case for further development, including obtaining records from the New Jersey Division of Workers' Compensation. The Veteran's claims for service connection are pending and will be reconsidered after this additional development.

The Board has denied the Veteran's claims for service connection for right lateral epicondylitis (elbow disability), right shoulder rotator cuff disability, and a right ankle disability. The Veteran's current disabilities are found to be unrelated to his military service.

The Veteran's appeal is denied as there is no evidence of a current disability related to service, including exposure to herbicides.

The Veteran's hypertension is not rated higher than noncompensable due to blood pressure readings consistently below the threshold for a compensable rating.,For his low back disability, the evidence does not support an initial rating in excess of 20 percent as there is no indication of favorable ankylosis or significant functional impairment. The Veteran's radiculopathy has also been rated appropriately based on its associated neurologic findings.,The separate rating for right lower extremity radiculopathy remains appropriate given the service-connected lumbar spine disability, and the left lower extremity radiculopathy is rated as 20 percent disabling overall.,For his left shoulder disability, a compensable rating of 20 percent has been granted based on limited motion, pain, and excess fatigability.

The Board has denied the Veteran's increased rating claims for his lumbosacral strain, left knee, and right shoulder disabilities. The case is now being remanded to obtain additional medical opinions and VA treatment records.

The Veteran's appeal is being remanded for further examination and evaluation to determine his need for pension based on the need for regular aid and attendance or on being housebound. The case will be readjudicated after this additional development.

The Veteran's generalized anxiety disorder has been granted a 70 percent rating, effective from March 19, 2011.,His right upper extremity radiculopathy and left upper extremity radiculopathy have both been granted initial ratings of 40 percent and 30 percent respectively.

The Veteran's appeals for increased evaluations and SMC based on the need for regular aid and attendance of another person have been dismissed as she has withdrawn her claims.