Shoulder Board decisions

The Board has remanded the case due to a lack of service treatment records from the Veteran's period in the Georgia Army National Guard. The case will be returned for further development and readjudication.

The Board found that the Veteran's current back and bilateral shoulder disabilities are not related to his military service, including an in-service motor vehicle accident. The VA examiner concluded that these conditions are more likely due to natural aging process rather than service connection.

The Veteran's left knee disability is currently rated at 20 percent for moderate instability. The Board has granted this rating and remanded the claim to obtain a new VA examination and etiological opinions.

The Board has determined that the Veteran's current tinnitus is of service origin and grants service connection for this condition. The remaining issues are remanded for further examination and evaluation.

The Veteran's appeal is remanded to the RO for further development, including scheduling VA examinations and readjudication of his claims.

The Veteran withdrew his appeal of the issue of entitlement to service connection for degenerative disc disease of the cervical spine (claimed as neck injury) during his October 2011 Board hearing. The remaining issues are remanded for further development.

The Veteran's death was ruled as a result of suicide, and the Board found that his service-connected disabilities did not contribute to his death. The appellant claimed service connection for the cause of death based on a psychiatric disorder first manifested in service, but the evidence showed no nexus between any service-connected disability and the Veteran's post-service depression. The Board concluded that the Veteran's post-service depression was not a psychosis warranting presumptive service connection.

The Board found that the Veteran's right shoulder disability does not warrant a higher initial rating as his symptoms do not meet or approximate the criteria for any schedular evaluation in excess of 10 percent.

The Veteran's appeal is being remanded for additional development to secure pertinent records and obtain VA examinations.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge. The issues of service connection and reopening claims are not addressed as this case has been returned to the Board.

The Veteran's claims for higher initial ratings and earlier effective dates are denied. The RO has scheduled her for VA examinations to determine the current severity of her disabilities.,An effective date of August 8, 2005, is assigned for the awards of service connection for arthritis of the cervical spine, arthritis of the right shoulder, and hiatal hernia, gastroesophageal reflux disease (GERD), gastroparesis, and cholecystitis.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Veteran's service-connected disabilities rendered him unemployable from January 23, 2007 to September 30, 2008.

The Board has determined that additional development is needed to obtain outstanding medical records and an opinion regarding the Veteran's substance abuse. The case will be returned to the RO for further action.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current disability is at least as likely as not due to his military service. The other issues of service connection for arthritis of the left shoulder, acid reflux disease, and hepatitis C are being remanded for further development.

For the period from November 20, 2002 to March 5, 2009, the Veteran's right shoulder disability was rated as 20 percent disabling. As of March 6, 2009, it was increased to 30 percent.,The Veteran's left shoulder disability has been rated at 20 percent since November 20, 2002 and increased to 50 percent effective March 6, 2009.

The Veteran's service-connected right shoulder disability is currently rated as noncompensable prior to June 28, 2011 and 10 percent thereafter. The evidence does not support a compensable rating for the period prior to June 28, 2011.,As of June 28, 2011, the Veteran's right shoulder disability is rated as 10 percent disabling.

The Veteran's appeal for service connection of liver disease was withdrawn prior to the Board's decision. The issues of right shoulder injury/arthritis and fractured right ankle are remanded for additional development.

The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a bilateral knee disorder, right shoulder disorder, ulcer disorder, insomnia, gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.,The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a chronic gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.