Shoulder decisions — 2018

The Veteran's claim for a TDIU prior to September 1, 2016 was granted. The Board also found that the Veteran is entitled to a TDIU from November 1, 2009, to July 21, 2015 due to his service-connected right shoulder disability.

The Board has denied the Veteran's claims for service connection for various conditions, including rectal disability, fatigue disorder, bleeding gums, hypertension, bilateral shoulder disorder, colonic polyps, ulcer, Lyme disease, diabetes mellitus, and a heart condition. The appeals are based on undiagnosed illness due to service in the Persian Gulf.

The Board denied service connection for bilateral knee, low back, and left shoulder disabilities. The Veteran's current conditions are not considered to be related to his military service.

The Veteran's annual income for pension purposes exceeded the applicable maximum annual pension rate (MAPR) for all years included in the appeal period, thus denying his claim of entitlement to non-service connected pension.

The Board has determined that the Veteran's arthritis of multiple joints, to include bilateral ankles and elbows, does not meet the criteria for service connection. However, the Board has found that the Veteran's arthritis of the left and right shoulders was incurred during active duty.

The Board incorrectly applied the law and regulations to the facts, resulting in a decision that there was no reasonable basis for reducing the Veteran's left shoulder disability rating. The Court has found CUE and restored the 10% rating effective September 1, 2018.

The Veteran's appeal for service connection of his right knee strain (previously claimed as a right knee disability) is granted. The Board finds that the preponderance of evidence supports the claim, and thus grants service connection.

The Board denied service connection for various conditions, including a left eye disorder, bilateral ankle and hip disorders, sleep disorder, appendix disorder, right shoulder disorder, heart disorder, and finger disorder. The Veteran did not have current diagnoses of these conditions.

The Board has determined that the Veteran's current diagnoses of low back, right leg radiculopathy, upper back disorder, bilateral shoulder disorders, bilateral hip disorder, left knee disorder, bilateral ankle disorder, and bilateral foot disorder are at least as likely as not related to his in-service injury. As such, service connection is granted for these conditions.

The Veteran's service-connected right shoulder disability alone does not preclude him from securing and following a substantially gainful occupation.

The Veteran's right shoulder arthritis is due to his active service and the Board has granted service connection for this condition. The issue of a TDIU remains pending as it is inextricably intertwined with the low back disability claim.

The Veteran's appeal of a rating in excess of 20 percent for left shoulder bursitis has been dismissed due to the Veteran's withdrawal of his appeal.

The Board has remanded the case due to the need for additional development, including obtaining private medical records and scheduling VA examinations.

The Veteran's appeal has been dismissed as he withdrew his request for a disability rating in excess of 10 percent for bursitis of the right shoulder.

The Veteran's appeal for increases in the ratings assigned for his left shoulder disability has been withdrawn, and thus the Board has no further jurisdiction in this matter.

The Board granted service connection for a left forearm scar and denied service connection for right shoulder disorder, left shoulder disorder, and acquired psychiatric disorder (PTSD). Service connection was not established for rheumatoid arthritis.

The Board has determined that the Veteran's pre-existing right shoulder condition was aggravated by his military service, and thus grants entitlement to service connection for this condition.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, thoracolumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The diagnoses were not related to service.

The Board has denied the Veteran's claims for service connection for left shoulder, right shoulder, and back disabilities as secondary to his service-connected right knee disability. The evidence does not support a finding that any of these conditions were incurred in or aggravated by service.

The Veteran's appeal for a higher evaluation for his right shoulder impingement and degenerative joint disease prior to May 18, 2005 was withdrawn. For the period on or after June 27, 2014, he is not entitled to an increased rating.,For the period prior to May 18, 2005, his right shoulder impingement and degenerative joint disease did not meet the criteria for a higher than 20 percent evaluation. For the period on or after June 27, 2014, he is not entitled to an increased rating of more than 30 percent.