Shoulder Board decisions

The Board found that the Veteran's bilateral shoulder disorder, to include deltoid strain, is not related to his military service and denied his claim.

The Veteran's appeal is being remanded due to the need for additional medical examinations and consideration of his claims, including those related to hearing loss, shoulder injury, knee instability, and limitation of motion.

The Veteran's PTSD is service connected. The right and left shoulder disabilities are not service connected as there was no in-service injury or disease, and the current conditions do not meet the one-year presumptive period.

The Board has remanded both issues for additional development, including obtaining service personnel records and VA medical records. A new VA examination is also required to determine the relationship between any current right shoulder disability and active service.

The Veteran's claims for increased ratings were denied. The left shoulder rotator cuff tendonitis and lumbar spine hypertrophic osteoarthritis did not meet the criteria for higher ratings, while the left ear hearing loss was rated at its maximum allowable level of Level I impairment. PTSD met the criteria for a 70 percent rating prior to December 12, 2011, but from that date forward, it did not warrant an increased rating beyond 30 percent. The GERD and hiatal hernia with gallbladder disease were rated at their maximum allowable level of 10 percent.

The Board has determined that the Veteran's right shoulder disability is service-connected and his radiculopathy of the left lower extremity warrants a 20 percent rating.

The Veteran's left shoulder disability and patellofemoral syndrome of the right knee were granted service connection, with a 10% rating for the latter prior to July 8, 2013.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for low back disability. The Veteran's current low back disability is not shown to be related to his military service, as there is no chronic disability noted in service or within one year post-service. For right shoulder disability, there is also no showing of a chronic disability and it is not linked to service. Therefore, the claims for both conditions are denied.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that he filed a claim prior to February 10, 2010.,The Veteran's claims for increased ratings were granted with an effective date of February 10, 2010.

The Veteran's claims for increased ratings and extensions of temporary total rating and SMC benefits were denied as his right shoulder scar did not meet the criteria for a compensable rating or extension beyond January 1, 2012.

The Veteran's appeal involves multiple service-connected disabilities, including psychiatric disability, asthma, hemorrhoids, Morton's neuroma, sinusitis, hypertension, right and left shoulder disabilities, a right knee disability, otitis media, rhinitis, costochondritis, GERD, headaches, and left testicle epididymitis. The Veteran does not have hearing loss as defined by VA regulations.

The Board denied the Veteran's claims of service connection for various conditions, including asthma, lip cancer, cervical spine disability, generalized arthritis, right shoulder disability, left shoulder disability, peripheral neuropathy of the upper extremities, and sinus disability. The reasons given were that there was no evidence linking these conditions to active duty service.

The Veteran's left shoulder disability, which includes degenerative arthritis and internal derangement with residual weakness, is currently rated at 20 percent. The VA examiner found that the Veteran's range of motion was limited to 120 degrees for flexion and 85 degrees for abduction, but did not find additional limitation in range of motion following repetitive use.

The Board denied service connection for hand tremors, bilateral shoulder disability, bilateral knee disability, bilateral hip disability, and left ankle disability to include as due to undiagnosed illness or other qualifying chronic disability.

The Board found that the Veteran's right shoulder, knee, and hip disabilities were not incurred in or aggravated by service. The Veteran's right hand disability was rated as 70 percent disabling under the applicable schedular criteria.

The Board has granted service connection for arthritis of the bilateral shoulders, finding that it is proximately due to the Veteran's service-connected diabetes and associated peripheral neuropathy.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling the appellant for examinations to assess his service-connected disabilities.

The Board has remanded the case due to the Veteran's request for a videoconference hearing, and it is unclear if he withdrew his request. The case will be scheduled for a hearing at the earliest available opportunity.

The Veteran's bilateral hip disability, avascular necrosis, is proximately due to his service-connected HIV. The Veteran's depressive disorder with generalized anxiety disorder has been rated as 50% since July 8, 2011.

The Veteran seeks TDIU due to his service-connected right shoulder disability. The RO has increased the rating for this condition, but decreased it again based on a finding of clear and unmistakable error. The Veteran is currently receiving SSA disability benefits related to his right shoulder disability. The Board finds that he is unemployable due to his service-connected disability and remands the case for referral to the Director of Compensation and Pension Service for consideration of TDIU on an extra-schedular basis.