Shoulder decisions — 2000

The veteran's claim for benefits under 38 U.S.C.A. § 1151 for left shoulder disability resulting from VA surgery in June 1995 was not received until October 7, 1996, and therefore the effective date cannot be earlier than that.

The Board has determined that the veteran's claims for service connection for a left shoulder disorder and a low back disorder are not well grounded. The evidence does not support current diagnoses of these conditions as being related to the in-service accident.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board has determined that the veteran's degenerative disease of the cervical spine and chronic rotator cuff pathology of the right shoulder are at least as likely as not caused by his service-connected amputation of the left arm, warranting service connection for these conditions for purposes of accrued benefits.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The Board has dismissed the appeal due to the veteran's death, and no jurisdiction remains for adjudicating the merits of the claim.

The Board has remanded the case for further action, including a new rating decision and compliance with the Court's decision. The claims will be adjudicated on their merits.

The Board has granted a separate 10 percent evaluation for the residual scar from the gunshot wound to the right shoulder, and maintained the existing 10 percent disability rating for the residuals of the gunshot wound to Muscle Group I (right side).

The Board has denied the veteran's claims for service connection for arthritis of the shoulders, elbows, wrists, and knees as well as his claim for an increased evaluation for a cervical spine disability. The evidence did not support the presence or current existence of these conditions.

The veteran's internment in Switzerland was not considered comparable to detention by an enemy government, and therefore he does not meet the criteria for former POW status for VA purposes.

The VA determined that there is no competent medical evidence to support the veteran's claims of chronic disabilities resulting from an undiagnosed illness or combination of illnesses, and thus denied all the issues on appeal.

The Board found no competent medical evidence linking the veteran's current right shoulder disorder to his military service, including a 1971 automobile accident and diagnoses of bursitis during service. Therefore, the claim for service connection was denied.

The Board denied the veteran's claims for service connection for headaches, a right shoulder disability, and residuals of dental trauma. The veteran's hypertension was evaluated as noncompensably disabling under Diagnostic Code 7101, with no evidence of diastolic pressure predominately 100 or more requiring continuous medication for control.

The Board denied the veteran's claims for a compensable disability rating for his service-connected residuals of a fracture of the nose with deformity and an increased disability rating for his service-connected residuals of a dislocation of the right shoulder with degenerative changes.

The Board has remanded the case due to issues related to PTSD and a right shoulder wound, as well as pension purposes. The veteran's incarceration at a correctional facility made it difficult for VA to conduct necessary examinations.

The Board denied the veteran's claims for service connection for arthritis of the left index finger, a bilateral hip disorder, and low back strain. The claim for a higher evaluation for the left shoulder disorder was also denied.

The VA determined that the veteran's right shoulder disability, currently rated at 20 percent, does not warrant a higher rating based on limitation of motion or pain.

The veteran's neck disability is granted, and his left knee, lumbosacral strain, right wrist, and right shoulder disabilities are each rated at the minimum of 10 percent.

The Board found no evidence that the appellant's current conditions were caused by VA treatment between 1986 and 1991, thus denying his claims under 38 U.S.C.A. § 1151.