Shoulder decisions — 2000

The Board has granted a 30 percent rating for the veteran's service-connected residuals of a dislocated right shoulder, post-operative, with rotator cuff tear and degenerative changes.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for a right shoulder disability. The claim is well grounded, and the veteran's current right shoulder disability is likely related to his military service.

The Board granted a 40% evaluation for spondylolisthesis of the lumbosacral spine and a 20% evaluation for recurrent dislocation of the left shoulder, effective April 6, 1995.

The Board found that the veteran's claim for service connection for basal cell carcinoma of the right shoulder as secondary to Agent Orange exposure was not well-grounded and denied it.

The Board dismissed the appeal due to lack of a timely substantive appeal and denied service connection for various conditions.

The Board has determined that the veteran's claims for service connection are not well-grounded and thus denied. The effective date claim is also denied as there was no prior application for pension benefits.

The Board denied DIC benefits as the appellant did not file a claim for DIC benefits prior to her remarriage in November 1989, and she is not shown to have filed an informal or formal claim before then.

The Board found no evidence of a chronic right shoulder disability in service and denied the claim for service connection.

The Board denied the veteran's claim of service connection for a left shoulder disorder, finding that there was no medical evidence linking the current condition to his in-service complaints or any continuity of symptoms after discharge.

The Board found that the veteran's DJD of multiple joints, claimed as secondary to service-connected disabilities, is well grounded. However, it was not proximately due or aggravated by any service-connected disability. The claim for a greater than 10 percent rating for residuals of a shell fragment wound to the right elbow with limitation of motion and for a compensable rating for residuals of a shell fragment wound to the left thigh were denied.

The Board has granted a 20 percent rating for the veteran's left shoulder disability, which is limited to no greater than midway between side and shoulder level. The appeal was not about service connection but rather about the appropriate evaluation of this condition.

The Board found that the veteran's claims for service connection were not well grounded, as there was no credible evidence supporting his assertions of in-service injury and exposure.

The Board has determined that the veteran's right knee and left shoulder disabilities do not warrant evaluations in excess of the currently assigned 10 percent ratings.

The veteran's claims for increased evaluations for bilateral periostitis of the tibias and residuals of a rotator cuff injury to the left shoulder are granted. The veteran is currently rated at 10 percent for each condition.

The Board has determined that there are no current residuals from dengue fever, but service connection for a right shoulder disorder is granted as the claim is well-grounded. Service connection for goiter is also granted as it arose in service.,There is no evidence of residual disability from dengue fever and the veteran's goiter was still present upon most recent VA examination.

The Board finds that the claims for service connection for residuals of left eye, left shoulder, back and neck injury are well grounded. However, based on the appellant's reported history of the inservice accident, various examiners have attributed his current disabilities to that accident. The RO has met its duty to assist the appellant in the development of his claim under 38 U.S.C.A. § 5107 (West 1991).

The Board has determined that the veteran's cervical disc disease is attributable to service and her claim for right shoulder rotator cuff injury can be reopened. The veteran's current right shoulder disability is not supported by competent evidence, and retroactive payment of clothing allowance for 1988 through 1995 based on applications submitted in February 1997 is not provided for by law.

The Board has denied the veteran's claims for service connection for a right shoulder disorder and an increased evaluation for chronic back pain, finding that there is no evidence to support the claim of secondary service connection.

The Board denied the veteran's claims for service connection for residuals of a right shoulder injury and a disorder manifested by chest pain due to lack of competent medical evidence showing current disabilities or a link between service and these conditions.

The veteran's service-connected right shoulder injury is granted. The claims for varicose veins, hemorrhoids, and right hip bursitis are denied. Service connection for bilateral patellofemoral arthritis is granted. No new evaluation was assigned for gout or umbilical hernia. Ankylosing spondylitis with osteoarthritis and disc disease of the thoracic and lumbar spines remains at 10 percent.