Shoulder decisions — 2018

The Veteran's appeals for higher initial ratings for his right shoulder postoperative SLAP tear and biceps tear, as well as his lumbar degenerative disc disease, post-operative condition were denied. The Board found that the disability did not warrant a rating in excess of 20 percent.

The Board denied the Veteran's claims of service connection for left shoulder disability, cervical spine disability, and bronchial asthma as new and material evidence was not received to reopen these claims.

The Board granted service connection for the cause of the Veteran's death, finding that his small cell lung cancer was likely caused by his liver cancer, which was presumed to be due to exposure at Camp Lejeune. The decision is based on a presumption of exposure and does not involve direct service connection.

The Board found no current diagnosis of a left shoulder condition and denied the claim for service connection.

The Veteran's claims for service connection for left shoulder and right knee disorders are being remanded due to the submission of new evidence that raises a reasonable possibility of substantiating his claims. The Board will seek further medical opinions regarding the etiology of these conditions.

The Board denied service connection for a left shoulder disorder, right shoulder disorder, and an acquired psychiatric disorder as there was no evidence of a chronic condition in service or within one year after service.

The Veteran's claim for service connection for right arm tennis elbow and left shoulder and arm disorder, both secondary to his service-connected right shoulder disability, has been granted. The rating for the right shoulder scar is set at 30 percent.

The Board has remanded the Veteran's claims for heart disability, hypertension, cervical spine/ neck disability, low back disability, peripheral neuropathy of the bilateral arms and hands, peripheral neuropathy of the bilateral legs, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, bilateral feet disability, bilateral hearing loss, tinnitus, sleep apnea, thyroid disability, cerebrovascular accident (CVA), and acquired psychiatric disorder to include posttraumatic stress disorder (PTSD), nervous disorder, anxiety, and depression.

Service connection for chronic fatigue syndrome and a 50 percent rating for PTSD with alcohol dependence are granted. Service connection for bilateral hearing loss is denied. Initial ratings in excess of 10 percent for right and left shoulder osteoarthritis are denied.

The Board has granted an extension of a temporary total rating for the Veteran's right shoulder disability beyond July 1, 2011, based on convalescence.

The Board has denied service connection for left shoulder, cervical spine, lumbar spine, and right knee disabilities due to lack of evidence linking these conditions to active duty or service-connected conditions. The case is remanded for further development.

The Veteran's income exceeds the maximum annual pension rate, thus denying entitlement to nonservice-connected pension benefits.

The Board has remanded several issues on appeal, including service connection claims for various disabilities and an initial rating for fibromyalgia. The effective date of service connection for fibromyalgia is granted as May 13, 2010.

The Board dismissed all appeals except the claim for a TDIU, finding that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection and increased evaluations for his right shoulder, lumbar spine, and right knee disabilities due to inadequate examinations. The TDIU claim is also remanded.

The Veteran's appeals for service connection were dismissed due to his withdrawal of the appeal. The Board found in favor of service connection for headaches, but denied an initial rating in excess of 10 percent for tinnitus.

The Board has remanded the Veteran's claims for service connection for a left shoulder condition and cervical spine condition, as secondary to a left shoulder condition due to incomplete medical records. The Veteran is required to provide additional treatment records and undergo an examination.

Service connection is granted for left shoulder arthritis, bilateral hearing loss, and tinnitus. Service connection is remanded for a respiratory disability and the cause of death.,Respiratory disability: The Veteran's exposure to asbestos aboard USS Munda during service may be related to his COPD. The Board requests an opinion on whether any diagnosed respiratory disability was at least as likely as not caused or contributed substantially to the Veteran’s death.

The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person to perform activities of daily living, such as bathing, grooming, feeding, dressing, and undressing.

The Board has denied service connection for various hip, knee, shoulder, and sleep apnea disabilities as the evidence does not support a finding that any current disability is related to service.