Shoulder decisions — 2000

The veteran is seeking compensation for damage to his larynx and shoulder following a VA surgery, alleging negligence or fault on the part of VA. The case has been remanded due to new legislation requiring additional assistance.

The Board has denied the veteran's request for an extension beyond January 31, 1999 of a temporary total disability rating based on a period of convalescence following surgery in December 1998.

The Board denied the veteran's claims for increased ratings for his right shoulder and cervical spine disabilities, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has reopened the veteran's claims for service connection for residuals of a sinus injury, bilateral shoulder disability, and bilateral knee disability. However, it did not address the merits of these claims as they are still considered to be in a pending state.

The Board dismissed the appeal because a timely substantive appeal was not filed within the required time frame.

The Board has granted a 40 percent evaluation for the residuals of a through and through gunshot wound to the right thigh, Muscle Groups XIV and XV. The scar of the right shoulder is rated at 10 percent, while the scar of the right leg does not meet criteria for an increased rating.

The Board has reopened the veteran's claim for service connection for a bilateral shoulder disability due to new evidence submitted since the last denial. However, the case is remanded for further development and examination.

The Board has denied the veteran's claims for service connection for shoulder muscle strain and left elbow infection, as well as increased ratings for his knee disabilities and lumbosacral strain. The RO is directed to provide additional development including obtaining medical records and scheduling a VA examination.

The veteran's claim for an earlier effective date for service connection of residuals of a left shoulder injury was denied by the Board. The decision is based on the laws and regulations regarding effective dates, which do not allow for an earlier effective date than June 27, 1997.

The Board has denied the veteran's claims for service connection for a right shoulder disorder, tinnitus, residuals of left shoulder injury, and an acquired psychiatric disorder. The claim for bilateral hearing loss was granted.

The Board has determined that the veteran's degenerative arthritis of the shoulders is service-connected.

The Board denied the veteran's claims for service connection and evaluations of his bilateral shoulder conditions, finding no evidence that the arthritis or impingement syndromes were incurred in or aggravated by his military service.

The Board denied the appellant's claims for service connection and increased ratings for various knee, ankle, and foot disabilities due to a lack of competent medical evidence linking these conditions to military service.

The veteran's service-connected bilateral pes planus and left shoulder injury are currently rated at the maximum levels allowed by VA regulations. The appeals for increased ratings have been denied.

The veteran's claims for service connection and increased ratings were denied. The RO will need to provide additional examinations and consider the evidence in determining whether a right shoulder disability is present, as well as review all other issues on appeal.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a left shoulder disability due to lack of evidence and incomplete medical records.

The veteran's service-connected disabilities, including PTSD and a noncompensable right shoulder condition, do not meet the criteria for a total rating based on individual unemployability (TDIU) as they are insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the appellant is not entitled to a compensable evaluation for his service-connected sinusitis, right shoulder separation, or lumbosacral strain.

The Board has determined that the veteran's multiple disorders, including irregular heartbeat, kidney stones, impotence, gallstones, stress, hemorrhaging in the sinuses and throat, pain in the upper chest and shoulders, elevated fever, infections of the body, and insomnia are presumed to be due to exposure to mustard gas during service. The Board has granted this claim.

The veteran is seeking service connection for neck and left shoulder conditions, but the RO has denied these claims. The Board has ordered a remand to obtain additional evidence and determine if the veteran's current complaints of pain are related to his military service.