Shoulder Board decisions

The Veteran's appeal is being remanded for additional development, including the appointment of a fiduciary and VA examinations to assess his employability.

The Board has decided to remand the case for further development and consideration, including obtaining a VA examination and opinion regarding the Veteran's right shoulder condition.

The Board has determined that the Veteran's bilateral shoulder disability is related to his active service and granted service connection for this condition. The right knee and left knee disabilities are currently rated as 10 percent disabling each, with no higher ratings being warranted.

The Veteran's right shoulder disability, specifically the injuries to Muscle Groups II, III, and IV, have been rated at 20 percent each. The combined rating for these muscle groups is 60 percent, which is higher than the maximum available under Diagnostic Code 5301-5201 (40 percent), thus allowing separate ratings based on individual muscle groups.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for a TDIU on a schedular basis and they do not preclude all forms of substantially gainful employment consistent with his education and occupational background.

The Veteran's service-connected conditions, including amputation of both lower extremities and other disabilities such as posttraumatic stress disorder, right shoulder rotator cuff tear, sarcoma of the nose, penile deformity with erectile dysfunction and voiding dysfunction, left upper extremity fragment wound with retained foreign body, buttock fragment wound with retained foreign body, left shoulder rotator cuff tear, diabetes mellitus, left wrist fragment wound, coronary artery disease, and tinnitus, have resulted in a need for higher level of care. The Veteran's condition necessitates the provision of daily personal health care services by a skilled provider without which he would require institutional care.

The Board has determined that the Veteran's left knee and left shoulder disabilities, as well as his multi-joint pain, are not related to service. The evidence does not support a finding of in-service injury or chronic disability.

The Board has remanded the case due to insufficient competent medical evidence on file for the VA to make a decision on the claim, and the Veteran should be afforded a VA examination to address his left shoulder condition.

The Board has determined that a new VA examination is necessary to address the Veteran's claim for service connection of his left shoulder disability, as the April 2012 VA examiner relied on facts pertaining to another veteran. The AOJ should review the examination report and ensure it contains the requested information.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, conducting a VA examination to assess the severity of his bilateral shoulder disabilities, and issuing a statement of the case regarding his claim for a compensable initial rating for bilateral hearing loss.

The Board has determined that additional development is necessary before a decision can be reached on the merits of the Veteran's claims for service connection for low back and left shoulder disorders.

The Board denied service connection for residuals of anthrax vaccine, finding that the Veteran's claim was not supported by sufficient evidence to reopen her previously denied claims.

The Board has determined that the Veteran's current left shoulder disorder is not related to his active military service or a service-connected disability, and thus denied the claim for service connection.

The Veteran's tinnitus was found to be related to noise exposure during service, and the Board granted service connection for this condition. The claim for bilateral hearing loss is dismissed due to withdrawal by the Veteran. Service connection for arthritis of the shoulders is denied as there is no current diagnosis or evidence of a disability at any point during the claims period.

The Board has determined that new and material evidence has been received to reopen claims for service connection for residuals of Asiatic flu, type II diabetes mellitus, and arthritis of the hands. The claim for service connection for arthritis of the shoulders is also reopened.

The Board has determined that the Veteran's right shoulder disability was incurred in active military service and is granted. The issue of whether the Veteran's neck disorder is related to his service-connected right shoulder disability is remanded for further development.

The Veteran's claims for service connection for a traumatic brain injury, fatigue, respiratory condition, acquired psychiatric disorder (PTSD, depressive disorder, mood disorder), coronary artery disease, left knee disability, and left shoulder disability have been denied. The decision does not address the Veteran's claim of entitlement to service connection for fatigue.

The Board has found that the Veteran's cervical degenerative changes are at least as likely as not related to his military service, warranting service connection. The remaining claims for bilateral knee and shoulder conditions, back condition, and sleep apnea require additional development.

The Veteran's claims for earlier effective dates for service connection of his right and left wrist disabilities, warts, left shoulder disability, and migraines have been denied as the earliest communications indicating intent to file a claim were received after the assigned effective dates.,No effective date prior to June 23, 2011 has been established for the grant of service connection for warts. The earliest communication was on June 23, 2011.