Shoulder Board decisions

The Veteran's appeal is being remanded for additional development to determine if he has the claimed conditions and whether they are related to service.

The Veteran's hypertension, bilateral shoulder and knee disabilities, and left thumb disability are all found to be service-connected. The combined rating for these conditions is at least as high as the schedular requirement for TDIU.

The Board found that the Veteran's degenerative changes of the cervical spine and right shoulder were not incurred in or aggravated by service, nor may they be presumed to have been incurred in or aggravated by service. The evidence did not show a compensable degree of arthritis within one year after separation from service.

The Board has remanded the Veteran's claims for a higher rating and TDIU due to his right shoulder disability, requesting additional medical evidence and an orthopedic examination.

The Board has granted effective dates of August 16, 2004 for service connection of low back disability, cervical spine disability, and right shoulder degenerative joint disease.

The Veteran's appeal of the January 2004 rating decision was dismissed due to failure to timely file a substantive appeal. The issues of entitlement to increased ratings and earlier effective dates are currently on hold as they are inextricably intertwined with the timeliness issue.

The Veteran's right shoulder impingement syndrome, partial rotator cuff tear with degenerative changes, and back disability are found to be the result of injury incurred during active military service.

The Veteran is seeking a higher rating for his service-connected right shoulder disability, but the case has been remanded due to incomplete medical records and further examination.

The Veteran's right shoulder disability, characterized by recurrent dislocations and pain, did not meet the criteria for a compensable evaluation prior to October 21, 2008. The VA examination conducted in April 2007 showed no significant functional impairment.

The Board denied an earlier effective date for the grant of service connection for a left shoulder disability, finding that no factual basis existed to support such a decision and noting that the Veteran had been aware of what was necessary to submit a claim for VA benefits prior to May 18, 2006.

The Board has remanded the case for additional development, including obtaining relevant medical records and scheduling a VA examination to determine the nature and likely etiology of any chronic low back disorder.

The Veteran meets the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his service-connected disabilities that have essentially commensurate with loss of use of both lower extremities.

The Veteran's appeal for higher ratings on multiple service-connected conditions, including tinnitus and hearing loss, was denied. The Veteran also requested service connection for otitis media of the left ear and bronchitis, but these claims were not addressed as they are not related to service connection.

The Veteran's right shoulder disability was rated at 10 percent prior to January 18, 2008 and subsequently increased to 30 percent effective September 1, 2009. The issues of service connection for memory loss, sleep problems, and aching joints in arms, legs, and back as due to undiagnosed illnesses were not addressed.

The Veteran does not have residuals of trauma to the shoulders that are attributable to military service. The VA examiner found no nexus between any current condition and any complaints in service.

The Board has granted service connection for the Veteran's left shoulder disorder, and assigned a 10% evaluation. The other issues were withdrawn by the Veteran prior to the decision.

The Board has determined that the Veteran's bilateral shoulder and cervical spine disabilities were not incurred or aggravated by his active service, nor can they be presumed to have been incurred during such service. The evidence does not establish a link between these conditions and his military service.

The Veteran's left shoulder and cervical spine disabilities are found to be related to his active service, granting the claims for these conditions. The right shoulder disability claim is pending as it relates to a secondary basis.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's left shoulder condition, as well as whether it is related to service. The case will be remanded for this purpose.

The Veteran's service-connected disabilities, including prostate cancer and PTSD, render him unable to secure or follow a substantially gainful occupation.