Shoulder Board decisions

The Board has determined that the Veteran's left hip osteoarthritis is related to his active military service, while his current left shoulder disorder is not related to his service.

The Board has determined that the Veteran does not have a right shoulder disability that is etiologically related to service, including his participation in an MVA during ACDUTRA. The claim for service connection for a right shoulder condition, to include right shoulder strain and pinched nerve of the neck, is denied.

The Veteran's claim for an evaluation in excess of 30 percent for right shoulder post-operative dislocation was denied. The Board also found that the Veteran's cervical spine disorder is not service-connected or secondary to a service-connected disability.

The Board found the preponderance of evidence against a finding that the Veteran's right shoulder, left hip, and right knee disabilities were incurred during active service or within one year after separation from service. The VA medical opinions obtained in April 2017 did not consider all relevant evidence of record, including private medical records indicating treatment for hip pain since 2001 and osteoarthritis of both knees secondary to old injuries in 2009.

The Veteran's right shoulder disability is currently rated as 20 percent disabling due to infrequent recurrent dislocation of the scapulohumeral joint. The left shoulder disability was previously rated at 30 percent prior to September 2, 2010 and 40 percent since then. The rating for scarring of the left shoulder is denied.

The Board has determined that the Veteran's right shoulder arthritis and radiculopathy are related to her service-connected cervical spine degenerative disc disease, granting her claim for these conditions.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The Veteran's cervical spine, left forearm, and left shoulder disabilities are being remanded for further examination to determine their etiology.

The Veteran's claims for service connection for various conditions, including CLL, bilateral hearing loss and tinnitus, hypertension, headaches, GERD, lumbar spine disorder, shoulder disorders, hip disorders, leg disorders, and a psychiatric disorder are denied. The effective dates for the awards of service connection for bilateral hearing loss and tinnitus are not established as prior to January 23, 2014.

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.