Shoulder Board decisions

The Veteran's basal cell carcinoma is at least as likely as not the result of herbicide exposure and sun exposure during service. The RO granted service connection for this disability. Other issues remain pending in appellate status.

The Veteran's claims for service connection and increased evaluations are granted. Service connection is established for hand tremors, bilateral wrist disability, reactive arthritis with sacroiliitis residuals, gastroesophageal reflux disease (GERD), and right shoulder inferior labral tear with acromioclavicular degenerative joint disease. Increased evaluations are assigned.

The Veteran's right shoulder disability, characterized by recurrent dislocation at the scapulohumeral joint with infrequent episodes and guarding of movement at the shoulder level, warrants a 20 percent rating from March 27, 2009 to April 29, 2015.

The Veteran's service-connected bilateral shoulder disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has determined that referral for extraschedular consideration is warranted due to the Veteran's right shoulder instability and sleep impairment, which may collectively impact his disability picture.

The Board has determined that the Veteran's lumbar spine and shoulder disabilities are not related to service, and thus denied these claims.

The Veteran's appeal is being remanded to the AOJ for additional development of evidence related to his claims, including review of SSA records and VA DBQs. The case will then be returned to the Board if necessary.

The Board has determined that recovery of the overpayment of pension benefits in the amount of $12,727 would be against the principles of equity and good conscience due to VA's fault in not promptly adjusting the Veteran's pension benefits after he notified them of his additional income from Social Security Administration (SSA) benefits.

The Board has found that the evidence is in equipoise regarding whether the Veteran's bilateral cataracts and bilateral pterygium are related to his active service. The claims for rheumatoid arthritis of the shoulders, wrists, and hands remain pending as they require additional development.

The Veteran's left shoulder disability is rated at 40 percent, effective from the date of his claim. The appeal for higher ratings or separate ratings was denied.

The Board has determined that the Veteran's left knee, cervical spine, right shoulder, and bilateral foot disabilities are all service-connected as they were incurred during his active duty service.

The Veteran is granted a 10 percent rating for his left shoulder AC separation with arthritis from June 1, 2010 to July 14, 2015. He is also granted a 10 percent rating for his left shoulder AC joint malunion from July 1, 2013 to July 14, 2015.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the impact of his service-connected right shoulder disability on his ability to work. The case will also be referred to the Director, Compensation and Pension Service, for extraschedular consideration of a TDIU.

The Board denied the Veteran's claims of entitlement to service connection for burns to the hands, an acquired psychiatric disorder, and a sleep disorder. The issues regarding back, right knee, right shoulder, left shoulder disorders, and left knee disorder were reconsidered but also denied on the merits.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical opinions regarding the etiology of his current disabilities and obtaining treatment records from the Navy Hospital at Mucosa.

The Board has found that the evidence is at least in equipoise as to whether the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected shoulder disability, thus granting entitlement to TDIU prior to March 7, 2012 and throughout the period on appeal. The increased rating claim for shoulder disability remains pending.

The Board has granted a 30 percent disability rating for the service-connected right shoulder disability, effective from January 27, 2015. The Veteran's appeal was successful in obtaining this higher rating.

The Veteran's increased disability ratings for lumbar spine paraspinous muscle strain and recurrent left shoulder dislocation were denied as the evidence did not meet the criteria for a higher rating during the one-year period prior to the claim.

The Veteran's claims are being remanded due to the need for additional development, including obtaining inpatient medical records from Chanute Air Force Base and other relevant medical records.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining audiogram results and conducting VA examinations for hearing loss, left shoulder disability, and lower back disability.