Shoulder decisions — 2000

The veteran withdrew his appeal due to reentering military service.

The veteran's appeal has been withdrawn prior to a decision being made.

The Board has granted service connection for a left shoulder disorder, right shoulder disorder, and low back disorder as secondary to the veteran's service-connected right knee disability.

The Board has decided that the RO must verify all periods of active and inactive duty for training before reaching a decision on the veteran's claim for service connection for a right shoulder disability, which is currently denied.

The Board denied the veteran's claims of entitlement to service connection for right shoulder arthritis and respiratory disability, finding that there was no well-grounded evidence linking these conditions to his military service.

The Board has denied the veteran's claims of service connection for a cervical spine disorder and/or right shoulder disorder, which he claimed were secondary to his service-connected right cubital tunnel syndrome. The claim for an increased evaluation for his right cubital tunnel syndrome is not addressed in this decision.

The veteran's claim for increased evaluations for his service-connected right and left shoulder disabilities was denied by the Board in January 1998. The RO assigned 30 percent evaluations effective March 13, 1998, based on outpatient treatment records showing an increase in severity of the conditions since the last evaluation. An earlier effective date is not warranted.

The Board has granted service connection for several conditions and assigned ratings, including a 40 percent rating for degenerative joint and disc disease of the lumbar spine effective March 8, 1995.

The Board has determined that the veteran's claims for service connection for a right arm disorder and spine disorder are not well grounded. Therefore, these claims have been denied.

The Board denied the veteran's claims for service connection for a left shoulder disorder and an evaluation in excess of 10 percent for his service-connected status post silver bunionectomy for hallux valgus of the left first metatarsal phalangeal joint, finding that there was insufficient evidence to support these claims.

The Board denied a higher initial evaluation for the veteran's service-connected shell fragment wound of the left shoulder, finding that the evidence did not support an extraschedular analysis due to lack of substantiation of employment impact.

The Board denied the veteran's claims for higher initial evaluations for his service-connected lumbosacral strain and tendonitis, left shoulder. The RO assigned a 20 percent evaluation for the lumbosacral strain.

The Board has granted the veteran's claims for service connection for right shoulder disability, asthma, and chronic sinusitis. The rating assigned for right shoulder disability is 20 percent. Service connection for migraine headaches and organic disability manifested by chronic abdominal pain remains in controversy.

The Board has determined that the veteran's right shoulder disability warrants a 30 percent rating, and his left varicocele with epididymitis warrants a 10 percent rating.

The Board denied the claims for extra-schedular evaluations and found that the veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment.

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

The Board found that the veteran's appeal was not timely filed for several conditions, including neck and shoulder injury, hypertension, hemorrhoids, and left knee disorder. The claim for service connection for hemorrhoids has been reopened due to new evidence submitted by the veteran.

The Board found that the veteran's claim for compensation due to VA surgical treatment was not well grounded, as there is no competent medical evidence showing negligence or lack of proper skill on the part of VA in providing the surgery.

The Board denied both claims for service connection and increased rating, finding no evidence of exposure to acoustic trauma or other factors that would support the veteran's claims.

The Board has determined that the appellant's right shoulder disability, which existed prior to service and was aggravated during service, is eligible for VA compensation.