Shoulder decisions — 2019

The Veteran's tinnitus is currently rated at the maximum allowable rating of 10 percent.,There is no evidence to support a finding that the Veteran has a current left shoulder disability or that any such disability began during service. The preponderance of the evidence is against this claim.,Similarly, there is no evidence to support a finding that the Veteran has a current right knee disability or that any such disability began during service. The preponderance of the evidence is against this claim.,The VA examiner found no objective evidence of a current thoracolumbar spine disability and concluded that any such disability was not related to service, including in-service lumbarization of the S1 vertebrae.,VA audiometric testing did not reveal left ear hearing loss for VA purposes. Right ear hearing loss was noted on both sets of audiometer findings but only during the first set.,Right ear hearing loss was noted on both sets of audiometer findings, with a significant difference in results between the two sets.

The Board has remanded the cases for further development due to inadequate medical opinions regarding the etiology of the Veteran's right shoulder and bilateral hand disorders.

The Board has remanded the Veteran's claims for service connection for multiple joint pain and weakness, as claimed to be due to Gulf War Syndrome. The claims are being returned for further clarification of the etiology of these conditions.

The Board has denied the Veteran's claims for service connection for left shoulder and left knee disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has determined that additional evidence is needed to resolve the Veteran's claims for service connection of bilateral pes planus, radiculopathy of the left lower extremity, and a left shoulder disability. The AOJ should obtain any outstanding medical records and provide an addendum opinion on each issue.

The Veteran's appeal is remanded due to the submission of additional VA treatment records since the December 2015 statement of the case. The issues on appeal include service connection for various conditions and a rating in excess of 20 percent for cervical degenerative disc disease.

The Board dismissed the Veteran's appeals on all issues related to service connection for various disabilities, including bilateral shoulder, leg, hip, ankle, left knee, back, and right knee disabilities. The claims were dismissed as the Veteran requested withdrawals of these issues prior to the promulgation of a decision.

The Veteran's claims for service connection for a left shoulder disability and traumatic brain injury were reopened, and the claim for traumatic brain injury was granted. The claim for left shoulder disability is still pending as it requires additional evidence.

The Board has granted an effective date of September 13, 2013 for the grant of service connection for a right shoulder scar. The Veteran's claim for increased rating for his right shoulder scar was denied as there is no evidence showing that it is painful or unstable and does not cover at least 39 square centimeters.

The Board has remanded the claims due to the need for additional development of medical records from Kenner Army Community Hospital.

The Board has remanded the claims for service connection for a low back disability and left knee disability due to outstanding VA treatment records.

The Veteran's claim for a higher rating for his service-connected left shoulder condition was denied. The effective date of the grant of service connection for a left shoulder scar is September 21, 2015.,The Veteran's claim for an earlier effective date for his service-connected left lower extremity radiculopathy was also denied.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Veteran's claim for service connection for right shoulder arthritis, which is secondary to his service-connected right breast mastectomy, has been remanded due to the need for a VA examination.

The Veteran's claim for service connection for a hernia and left shoulder disability has been denied. The Board found that the current disabilities are not related to service or any presumptive conditions.,There is no evidence of an undiagnosed illness or medically unexplained chronic multisymptom illness, nor was there objective signs or symptoms which may be manifestations of such.

The Veteran's claims for service connection for TBI and major depressive disorder have been dismissed as the May 2019 VA Form 10182 was not a valid Notice of Disagreement (NOD) filed prior to the issuance of rating decisions in August and October 2019.,The Veteran's claims for increased ratings for left shoulder bursitis with arthoplasty for rotator cuff repair with arthritis and intervertebral disc syndrome of the lumbar spine with degenerative arthritis have been dismissed as the May 2019 VA Form 10182 was not a valid NOD filed prior to the issuance of rating decisions in August and October 2019.

The Veteran's PTSD with depression was granted an initial rating of 50 percent prior to November 1, 2011. The Veteran's diabetes mellitus, type II, and right upper extremity peripheral neuropathy were granted increased ratings since November 1, 2011. Service connection for left shoulder arthritis was denied.

The Veteran's initial ratings for his service-connected disabilities remain unchanged. However, the Board has determined that additional development is needed to address issues related to his right shoulder disability, erectile dysfunction, and skin disability (other than genital herpes).

The Board has granted service connection for the Veteran's claimed left ankle, right knee, left knee, left hip, right shoulder, left shoulder, thoracolumbar spine with radiculopathy, and cervical spine disabilities based on a finding of in-service onset and credible reports of chronicity.

The Board has remanded the issue of a rating in excess of 30 percent for residuals, right shoulder, AC joint separation due to lack of compliance with VA examination requirements. The Veteran's current disability picture does not meet or approximate criteria for a higher rating.