Shoulder decisions — 2000

The Board denied service connection for bilateral shoulder pain and right knee pain due to undiagnosed illness, finding the claims not well-grounded.

The veteran's claim for a total rating based on individual unemployability is being remanded due to the need for further evidence and an examination.

The veteran's disabilities do not meet the criteria for special monthly pension on account of aid and attendance or housebound status.

The Board has determined that the veteran's cervical spine arthritis and bilateral shoulder arthritis are related, with the latter aggravating the former. The April 1997 rating decision for arthritis of the shoulders was not clearly and unmistakably erroneous.

The Board denied the veteran's claims for service connection for a bilateral shoulder disorder affecting both arms and hands, as secondary to his service-connected cervical herniated disc at C5-6. The claim for an increased rating for his cervical herniated disc was also denied.

The Board has determined that additional development is necessary before a decision can be made on the veteran's claim for an increased rating for his service-connected left shoulder injury.

The veteran's service-connected right AC joint separation residuals were evaluated at 10 percent from June 11, 1991 to March 28, 1999 and at 20 percent from March 29, 1999. The Board found that the evidence did not support a higher evaluation for any period.

The Board has determined that the veteran's effective date for a grant of service connection for traumatic arthritis of the knees is June 11, 1997. The RO denied secondary service connection for a left shoulder disorder and increased ratings for knee disabilities.

The Board has determined that there was no clear and unmistakable error in the December 1957 rating decision denying service connection for a back disorder. The appellant's claim of entitlement to service connection for residuals of a right shoulder injury is well-grounded, but additional evidence is needed before a decision can be made.

The Board has determined that the appellant's claims for higher disability evaluations are not well-grounded and have denied them.

The Board denied the veteran's request for attorney fees based on a payment of 20% of past-due benefits resulting from an increased rating to 40 percent for arthralgia of the right shoulder and 30 percent for arthralgia of the left shoulder. The decision found that the fee was excessive and unreasonable given the lack of representation by the attorney since 1994.

The veteran's claim for an increased rating of his right shoulder disability is being remanded due to the need for additional VA examinations and clarification of the nature and severity of his condition.

The veteran's death was not caused by his service-connected disabilities. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, and there is no entitlement to dependents' education benefits.

The Board has granted an increased rating to 30 percent for the service-connected post-operative residuals of a left shoulder dislocation, finding that the current manifestations consist primarily of functional limitation of motion to 90 degrees of abduction secondary to pain.

The Board denied the veteran's claims of entitlement to increased evaluations for his right shoulder and left hand disabilities, as well as service connection for a right hip disorder and a right knee disorder. The evidence did not support granting any of these claims.

The Board denied the veteran's claims for increased ratings and service connection due to lack of evidence supporting his claims.

The Board found that the veteran did not submit competent evidence of plausible claims for service connection for her claimed conditions.

The Board denied service connection for the claimed left shoulder disorder, pilonidal cyst residuals, and right ankle disorder due to lack of competent medical evidence linking these conditions to active service.

The veteran's claims for increased ratings were denied. The RO found that the evidence did not support a rating in excess of 10 percent for residuals of a right knee meniscectomy, 60 percent for degenerative joint disease of the lumbar spine with disc bulge at L3-L4, or 20 percent for degenerative joint disease of the left shoulder. The veteran's claim for increased ratings for right ear hearing loss was also denied.

The Board has granted the appellant's request for an extension of time to file a substantive appeal on his claims for service connection for hypertension, right shoulder disability, and cervical spine disability.