Shoulder Board decisions

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of right shoulder, hip (other than right leg deep vein thrombosis), shin, and low back injuries were denied as the claimed disabilities are not considered to be caused by VA care.

The Veteran's appeal is being remanded for a video-conference hearing before a Veterans Law Judge.

The Veteran's claims for service connection and initial compensable ratings for bilateral shoulder disability, bilateral chondromalacia of the knee, and hiatal hernia with gastroesophageal reflux disease (GERD) are denied. The evidence does not support a finding of current disabilities in any of these conditions.

The Board found no evidence of a current disability for the claimed left shoulder and foot conditions. The appellant's claims for service connection were denied, as there was insufficient medical evidence to support his assertions.

The Veteran's service connection claims for migraine headaches, cervical spine disorder, left shoulder disorder, and degenerative joint disease of the knees are granted. The Veteran is awarded a 10 percent rating for lumbar strain with degenerative changes from April 18, 2006 to January 4, 2008, and an increased evaluation to 40 percent thereafter. He also receives a non-compensable rating for his scar of the anterior neck and burn scar of the right hand. The Veteran's scrotal varices disability is rated as non-compensable, while his degenerative joint disease of the left knee and right knee are each rated as non-compensable.

The Board denied the appellant's claims for increased ratings for his service-connected chronic right shoulder strain with atrophy of the rhomboid and trapezius muscles, and sympathetic reflex dystrophy. The evidence did not meet the criteria for a higher evaluation.

The Veteran's claims for service connection for psychiatric disorder, left arm disorder, shoulder disorder, and neck disorder were denied as these conditions are not shown to be related to his active duty or any service-connected disability.

The Board has remanded the case due to the need for a VA examination and further development of records.

The Board denied the Veteran's claims for increased ratings for his service-connected bursitis of the left shoulder, finding that the evidence did not support an evaluation in excess of 40 percent. The rating assigned was 40 percent.

The Board has denied the Veteran's claim for service connection for a left shoulder disorder due to lack of proper communication with the Veteran.

The Board has determined that the appellant's right shoulder disorder is not attributable to his service-connected knee disabilities and therefore denied his claim for service connection.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, low back disorder, headache disorder, left shoulder disorder, and left knee disorder are being remanded due to the need for additional development of his medical records.

The Board has granted the Veteran's claim of service connection for a right shoulder disability. The issue of entitlement to service connection for a neck condition is remanded due to the need for issuance of an SOC.

The Veteran's appeal for an initial rating higher than 20 percent for his left shoulder disorder and service connection for a cervical spine disorder as secondary to the left shoulder disorder were both denied. The Board found that the evidence did not show that the Veteran's left shoulder disorder met or approximated the criteria for a higher evaluation.

The Veteran's claims for increased ratings for his service-connected right lower extremity and right shoulder disabilities have been denied. The evidence does not show a disability that meets the criteria for a rating in excess of 10 percent or 20 percent, respectively.

The Veteran's bilateral shoulder strains are manifested by limitation of motion, but the Veteran is able to raise both arms above the shoulder level. The criteria for an initial disability rating in excess of 10 percent have not been met.

The Board has decided to grant a waiver of recovery for the overpayment in the amount of $3,441.14 due to the Veteran's incarceration.

The Board found that the Veteran's bilateral shoulder and hip disabilities are either due to service or associated with other already service-connected conditions, granting service connection for these disabilities.

The Board has remanded the case for further examination and development to determine if any of the Veteran's joint pain is related to his service, including potential Gulf War exposure.

The Veteran's claim to reopen his right shoulder disability was denied as new and material evidence had not been submitted.,The Veteran's request for an earlier effective date for the award of a 10 percent evaluation for scars, status post laparotomy and abdomen, base of anterior neck, chest, left lower leg, and right upper arm was also denied.