Shoulder decisions — 2017

The Board has determined that the Veteran's current cervical spine, lumbar spine, left shoulder, right knee, and right foot disabilities are at least as likely as not related to his active service. As such, these claims for service connection have been granted.

The Veteran's service-connected disabilities have significantly interfered with his ability to maintain or obtain substantially gainful employment. The Board will remand the claim for entitlement to a TDIU for referral to the Director of the Compensation and Pension Service in accordance with 38 C.F.R. § 4.16(b).

The Veteran's left shoulder disability, which was previously rated at 10 percent since March 19, 1997, is now rated at 20 percent from August 22, 2008, to October 9, 2015, and in excess of 20 percent thereafter. The Veteran's left shoulder disability has been found to be manifested by symptoms of pain and limited arm motion at both the shoulder level and midway between side and shoulder level.

The Veteran's claims for increased ratings for his right and left shoulder disorders were denied as the evidence did not show that the conditions warranted a higher evaluation.

The Board has remanded the case for additional development due to inadequate reasons or bases in the July 2014 VA examinations.

The Board has remanded the case due to insufficient evidence regarding the appellant's service connection claims, including his military service status and medical records.

The Board found that the cause of death, septic shock due to positive blood culture for staphylococcus, was not causally or etiologically related to service or a service-connected disability. The Veteran's service-connected disabilities did not substantially or materially contribute to the cause of his death.

The Board has remanded the case due to conflicting VA opinions regarding whether the Veteran's left shoulder disorder is related to his service-connected pulmonary tuberculosis. The case will be reviewed after obtaining a clear and consistent opinion from the VA examiner.

The Veteran's headaches, PTSD, vertigo, degenerative changes of the cervical and lumbar spine, right knee with chondromalacia, left knee with chondromalacia, and right shoulder, status-post acromioclavicular separation have been rated based on their current severity.,No further rating increases are warranted for any of these conditions.

The Board has determined that the Veteran's claimed right shoulder, left shoulder, and bilateral CTS disabilities are not service-connected as they do not meet the criteria for direct service connection.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran did not meet his burden of proof to establish service connection for a right shoulder disorder, left lower extremity neurologic disorder, or obstructive sleep apnea.

The Veteran's service-connected musculoskeletal disabilities have been found to prevent him from securing and maintaining substantially gainful employment since November 9, 2010. A TDIU is granted.

The Board has remanded the Veteran's claims for additional development due to missing service medical records and incomplete etiology opinions.

The Board denied service connection for a neck/upper back disability and a right shoulder disability, finding no evidence of such disabilities in service or within one year after discharge. The Veteran's current symptoms are not shown to be related to his active service.,Service connection was also denied for TDIU as the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including new examinations and completion of a VA Form 21-8940. The TDIU claim will be adjudicated after the necessary information has been obtained.

The Veteran's appeal is being remanded for further proceedings due to the need for additional VA examination and consideration of new evidence.

The Veteran's claims for service connection were reopened and granted effective January 13, 2006. The effective date of the grant of service connection was set at January 4, 2007.

The Board has determined that additional development is necessary to ensure full compliance with the duty to assist and remands this case for further action.

The Veteran's service connection claims for a psychiatric disorder, diabetes mellitus, hypertension, skin disorder, and left shoulder disorder are granted as they are presumed to be related to his exposure to herbicides during service.

The Veteran's right shoulder disability is rated at 20 percent, and his callous formation on the right foot is rated as noncompensable. The Board found that a higher rating was not warranted for either condition.