Shoulder decisions — 2000

The veteran's claim for an increased evaluation of his service-connected muscle wound of the left anterior shoulder was granted, but he is still rated at 10 percent disability. The condition does not meet criteria for a higher rating as it is no more than moderate in degree.

The Board has granted service connection for COPD or bronchitis, secondary to tobacco use and awarded a 100 percent disability rating effective September 27, 1990. The veteran is now eligible for payment of attorney fees from past-due benefits.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining updated medical records and scheduling an examination by an orthopedist.

The veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 is denied as his current neck, spine, shoulder, and hand disabilities are not found to be caused or aggravated by the September 1994 VA left shoulder surgery.

The Board has determined that the veteran's current right shoulder disability is not related to his active service, including improper use of crutches during service. The evidence does not support a finding that the disability was incurred or aggravated by service.

The VA has determined that the veteran's right shoulder disability, which includes postoperative dislocation and posttraumatic arthritis, does not warrant an evaluation in excess of 10 percent.

The Board granted a disability rating of 30 percent for the veteran's right shoulder disorder effective from November 30, 1993. The decision also addressed entitlement to separate ratings for degenerative arthritis and painful motion.

The Board has denied the appellant's claims for service connection for allergies and a right shoulder disability. The VA examinations did not find any current residuals of these conditions, leading to the denial.

The Board finds that the veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound.

The veteran's claim for an increased rating for his service-connected left shoulder disability is being remanded to the RO for further development, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for back and left shoulder disabilities, finding that there was no competent evidence of a current disability or a causal link to VA treatment in November 1994.

The veteran's appeal was granted, and he is now entitled to service connection for his claimed conditions. However, the specific rating assigned and effective date are not provided in this decision.

The veteran's service-connected right arm and hand disabilities do not prevent him from obtaining or retaining gainful employment.

The Board has determined that the veteran's claims for service connection for left shoulder, right knee, and left knee disorders are not well grounded. The claim for an increased evaluation of lumbosacral strain with degenerative disc disease is granted to a 20 percent rating based on moderate functional impairment.

The Board found that the veteran's service-connected residuals of a right thumb laceration do not meet the criteria for a compensable rating. The claims for service connection for residuals of a right shoulder injury and back injury were deemed not well-grounded.

The veteran's combined schedular evaluation for service-connected disabilities is 70 percent, which meets the threshold requirement for TDIU. The Board finds that his service-connected conditions render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals from dislocation and internal derangement of the right shoulder, finding that his disability did not meet the criteria for higher ratings based on limitation of motion or instability.

The veteran's right shoulder disabilities are rated at the highest available level of disability, with a 40 percent rating for lower radicular injury due to gunshot wound and a 20 percent rating for shell fragment wound. The total compensation rating based on unemployability is denied.

The Board found that the veteran's claim for service connection for a chronic acquired right shoulder disorder was not well-grounded due to lack of medical evidence linking his current condition to military service.

The Board denied the veteran's claims for service connection of arthritis of the shoulders and increased disability evaluations for his service-connected sinusitis and lumbar strain with mild degenerative changes. The Board found no evidence of arthritis in either shoulder during active duty or within one year post-service, and concluded that any current arthritis is not related to service.