Shoulder decisions — 2018

The Veteran's claims for tinnitus, IBS, and degenerative joint disease of the lumbar spine were all granted with effective dates of May 29, 2014. The claim for a higher rating for tinnitus was denied as there is no legal basis for an evaluation in excess of 10 percent under Diagnostic Code 6260. The claims for service connection for left shoulder disability and cervical spine disability were not addressed due to the remand instructions.

The Board denied the Veteran's claims for service connection for various disabilities, including hypertension and rheumatoid arthritis. The issues of whether new and material evidence has been received to reopen a claim for service connection for bilateral leg disabilities were dismissed.

The Veteran's appeal is being remanded due to inadequate VA examination and opinions regarding the nature and etiology of his bilateral shoulder disability. The case will be returned to the Board after compliance with all necessary actions.

The Veteran's claim for an earlier effective date for the payment of additional compensation for his dependent spouse is granted, with the effective date being November 13, 2012.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations.

The Board has determined that the Veteran's left shoulder disability, including impingement syndrome, acromioclavicular joint osteoarthritis, and rotator cuff tear, had its onset during service. As such, the criteria for secondary service connection have been met.

The Veteran's claim for a TDIU prior to June 16, 2011 is being remanded due to the need for a retrospective opinion on cumulative functional impairment of his service-connected disabilities.

The Board has remanded the Veteran's claims for a new VA examination due to unavailability of treatment records from his period of active service. The Veteran is seeking service connection for arthritis in multiple joints.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations. The case will be returned to the Board after new examinations are obtained.

The Board has determined that the Veteran's left shoulder disability is not etiologically linked to any in-service injury, event, or disease and therefore denied his claim for service connection.

The Board has remanded the case for an addendum medical opinion regarding whether the Veteran's left shoulder disability is aggravated by his service-connected cervical and thoracolumbar spine conditions.

The Board has denied the Veteran's claim for service connection for degenerative joint disease of multiple joints, including his shoulders, hands, and knees. The evidence does not support a finding that this condition was incurred in or aggravated by active military service.

The Board found no current diagnoses for the claimed left thigh, left shoulder, right elbow, low back, and neck conditions. The VA examinations and medical records did not support a connection between these conditions and service.

The Board has determined that the Veteran does not have a current disability related to his service for left shoulder, right shoulder, or left elbow conditions. As such, he is not entitled to service connection for these conditions.

The Veteran's claim to reopen the right upper extremity disability was denied as new and material evidence was not submitted.,The Veteran's claim to reopen the left foot disability was reopened due to the submission of new evidence, but service connection is still denied.

The Board has determined that the Veteran's back disability is secondary to his service-connected knee disabilities, and thus service connection for this condition is granted.

The Veteran's claim for service connection for a left shoulder disorder was denied as there is no evidence of a current disability. The Veteran's claim for hypertension was not addressed due to the remand instructions.

The Veteran's service-connected orthopedic and hydrocele disabilities have been evaluated based on the criteria provided in the decision. The appeal is denied as there are no higher ratings available under the applicable diagnostic codes.

The Board has found that additional development is necessary for the claim on appeal, including obtaining all VA treatment records and any updated private physician's appointment records. The motion of whether there was clear and unmistakable error (CUE) in the RO's rating decisions of May 2007 and June 2010 has been referred to the AOJ.

The Veteran withdrew his appeal for an initial rating in excess of 20 percent for a right shoulder disability.