Shoulder decisions — 2018

The Board has granted a disability rating of 20 percent for the Veteran's right shoulder degenerative arthritis status post-separation and surgical repair with scar, effective from June 2014. The Veteran is not entitled to an increased rating prior to that date.

The Veteran's left shoulder disability is currently rated at 20 percent, but does not meet the criteria for a higher rating under any applicable diagnostic codes. The Board finds that his symptoms do not warrant an increased rating as they do not result in abduction of the arm to less than 25 degrees from the side.

The Veteran's claim for service connection for arthritis of the bilateral knees, hips, and shoulders is being remanded due to inadequate medical opinions regarding the etiology of his conditions. The claims file will be returned to the VA examiner who provided the September 2014 opinion for additional assessments and opinions.

The Veteran's left shoulder osteoarthritis was not manifested by range of motion limited to midway between the side and shoulder level from November 2, 2007 to November 3, 2013. From January 1, 2015 to November 10, 2016 and since February 1, 2017, his left shoulder osteoarthritis was manifested by chronic residuals consisting of severe, painful motion or weakness in the affected extremity.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has dismissed the appeals for service connection due to the Veteran's death.

The Board has determined that the Veteran's current right knee disability is related to his in-service injury resulting in a right patella fracture, and thus service connection for this condition is granted. The preponderance of evidence does not support service connection for left shoulder or gastritis disabilities.

The Veteran's claims for higher evaluations and a total disability rating were denied. The Board found that the effective date for service connection of degenerative changes to both knees with fibromyalgia should be March 26, 2009.

The Veteran's claims of service connection for sleep apnea and hypertension have been granted. The remaining claims are pending.,The Veteran's claims of service connection for a respiratory disability and left foot disability remain pending as new and material evidence has not been received to reopen them.,Service connection is granted for tinnitus, but the cause remains unknown due to conflicting dates provided by the Veteran.,Service connection is denied for vitiligo. The cause remains unknown due to conflicting dates provided by the Veteran.,The Veteran's claims of service connection for a left ankle disability and shoulder disability remain pending as new and material evidence has not been received to reopen them.,The Veteran's claims of service connection for bilateral hearing loss, tinnitus, left arm disability, and left leg disability remain pending as new and material evidence has not been received to reopen them.

The Veteran withdrew his appeals regarding the increased rating claims for left shoulder disability, right shoulder disability, cervical spine disability, lumbar spine disability, and tinnitus. He also withdrew his service connection claim for fibromyalgia.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder injury (claimed as bilateral shoulder injury/pain), left shoulder injury (claimed as bilateral shoulder injury/pain), right leg injury (claimed as bilateral leg injury/pain), and left leg injury (claimed as bilateral leg injury/pain). The Veteran has not appealed these decisions.

The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran withdrew his appeals.,TDIU effective date has been granted from September 27, 2010.

The Veteran's claim for service connection for a right shoulder disability was received on June 5, 2006. The effective date of the award is set at June 5, 2006.

The Veteran's claim for service connection for joint pain and memory loss has been reopened due to the submission of new evidence.,Service connection will be granted for joint pain involving the left shoulder and bilateral hips, as well as for memory loss.

The Board has remanded the case due to the need for further development, including obtaining SSA disability determination records and associated documents.

The Board found that the withholding of compensation benefits to recoup disability severance pay in the amount of $6,392.00 was proper and denied the Veteran's appeal.

The Board has reopened the claim for service connection of a right shoulder disorder, but denied the merits of the claim.

The Veteran's back disability, arthritis, and hypertension were not service-connected as they did not manifest during or within one year after his separation from active duty.

The Board has ordered a remand to obtain an opinion on the nature and etiology of the Veteran's left shoulder disorder, including whether it is related to service or secondary to his right shoulder injury. The appeal will be returned to the AOJ for further development.

The Board has determined that the Veteran's current low back, neck, and left shoulder disabilities are not related to his period of honorable active duty service. The evidence does not support a finding that these conditions were incurred or aggravated during his military service.