Shoulder Board decisions

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine, to include lumbar strain, prior to May 6, 2008, was denied by the Board. The issue of whether he is entitled to an increased rating since May 6, 2008, remains pending.

The Board found that all disabilities resulting from the Veteran's September 1982 motor vehicle accident were incurred as a direct result of an act of willful misconduct.

The Veteran's appeal involves multiple service connection claims for various conditions, as well as a claim for an increased rating and TDIU. The Board has determined that additional development is needed to address these issues.

The Veteran's claims for increased ratings and service connection were denied. The neuropathy in her right upper extremity is currently rated at 10 percent, which was less than the maximum available rating under DC 8516. Her right shoulder disorder and fibrous mass excision to the right breast are not related to active duty service.

The Board has remanded the case for a VA examination to determine if the Veteran's left shoulder disorder is secondary to his service-connected right shoulder impingement.

The Veteran's service-connected recurrent dislocation of the left shoulder with degenerative joint disease was found to not warrant a rating in excess of 10 percent prior to September 24, 2009 and from that point forward. The current disability level does not meet or approximate the criteria for a higher rating.

The Board denied the Veteran's claims of service connection for left shoulder disability, back disability, glaucoma, and bilateral hearing loss. The claim for initial rating for depression was also denied.

The Board has determined that the Veteran's current right shoulder disability is a result of an injury sustained during his active service, and thus grants service connection for this condition.

The Board has remanded the case for further development to verify the appellant's National Guard service and obtain his medical records. The issues of entitlement to service connection for various disabilities remain pending.

The Veteran's disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes, as they do not permanently preclude him from engaging in all forms of substantially gainful employment.

The Veteran's appeal is being remanded to the RO for initial consideration of his request for an extension of time to respond to the December 2011 Supplemental Statement of the Case (SSOC).

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for another VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for service connection were denied, and the reduction of his left knee disability rating was found to be improper. The Veteran did not have new and material evidence submitted to reopen several of his claims.

The Veteran was granted a total rating for compensation purposes based on individual unemployability (TDIU) effective from October 30, 2008. The Board found that the earlier effective date of September 25, 2007 is warranted as it is factually ascertainable that the Veteran met the criteria for TDIU at that time.

The Board found that the Veteran's tinnitus and right shoulder disorder were not incurred in service, as there was no chronicity of symptoms during or after service. The current disabilities are not related to service.

The Board denied the Veteran's claims of service connection for chronic headaches, a seizure disorder, and a bilateral shoulder disorder due to insufficient evidence linking these conditions to his military service.

The Veteran's service-connected disabilities, including right elbow injury and shoulder conditions, prevent him from securing and following a substantially gainful occupation. The Board has determined that he is entitled to a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's current bilateral shoulder disability is related to his in-service injury, and service connection for this condition is granted.

The Board has determined that the Veteran's current right shoulder disability is related to his service-connected left shoulder disability and grants service connection for this condition.