Shoulder decisions — 2000

The Board has granted service connection for various conditions, including tinnitus and a right shoulder disorder. However, the claims for other conditions are not well-grounded.

The rating decisions of September 15, 1953 and April 15, 1954 did not involve clear and unmistakable error in denying service connection for residuals of a fracture of the left shoulder.,The rating decision of December 1, 1993 involving new and material evidence to reopen a claim of entitlement to service connection for a left shoulder disorder was correct and did not involve any error.

The Board found that the veteran's left shoulder disorder did not undergo a permanent increase in severity as a result of the March 1993 surgery, and thus denied his claim.

The Board denied the veteran's claims for service connection in January 1981 and June 1998, finding no clear and unmistakable error.

The Board has determined that the veteran's claims for increased ratings for his right eye disability, traumatic cephalgia, and postoperative residuals of a left shoulder disability are denied. The reduction in rating from 30 percent to 10 percent for the corneal scar of the right eye with defective vision was proper based on the evidence showing improvement in visual acuity.

The Board has granted service connection for residuals of a left thigh injury and arthritis of the right shoulder, both secondary to the veteran's service-connected right elbow disability. The rating for the right elbow fracture is maintained at 20 percent.

The Board denied the veteran's claims for a total rating due to individual unemployability and an earlier effective date, finding that he was not disabled enough to warrant these benefits based on his service-connected conditions.

The Board has reopened the veteran's claim for service connection of residuals of shrapnel wounds to the left arm and shoulder. The decision also grants service connection for this condition, but denies service connection for hearing loss in the left ear.

The Board denied a higher disability rating for the veteran's left shoulder disorder and also denied entitlement to TDIU based on the current evidence of record.

The Board has determined that a compensable rating for bilateral otitis media, with hearing loss, is denied. The issues involving the ratings of the veteran's right knee and right shoulder disorders will be addressed in the remand portion of this decision.

The Board denied the veteran's claims of service connection for back and shoulder disorders, as well as his attempts to reopen claims for residuals of a head injury, migraine headaches, and an acquired psychiatric disorder. The evidence submitted since the last denial was not considered new and material.

The Board has denied service connection for chronic left shoulder disability and arthritis of the legs, hands, arms, and neck as there is no evidence showing these conditions are related to active service.

The Board denied the veteran's claim for service connection for left shoulder disability as her claim was not well-grounded.

The Board has determined that the claim for service connection for a right knee disability is not well grounded and thus denied. The issue of an increased rating for the left shoulder disability remains pending.

The Board has determined that the veteran's claims for service connection for disabilities of the bilateral hips and right shoulder are well grounded. The appeal is granted to this extent, but further development is required as per the instructions in this remand.

The Board finds that there is not a reasonable possibility of valid claims concerning the veteran's claimed disabilities, including hypothyroidism, hemorrhoids, bilateral eye disability, bilateral shoulder and knee disabilities, asthma, low back disability, hypoglycemia, bilateral hand and ankle disabilities, gastrointestinal disability, acquired cognitive disorder, lupus erythematosus, rheumatoid arthritis, and residuals of Epstein-Barr virus infection. These conditions are not shown to be related to service.

The Board found that the veteran's appeals were timely, and determined that she had a current tendonitis of the right shoulder and arm that was incurred in active service. The veteran did not submit well-grounded claims for service connection for a back disability, residuals of stress fractures of the legs, bladder dysfunction, or a psychiatric disorder.

The Board denied the veteran's claims for service connection for a neck disorder, left shoulder disorder, and degenerative disc disease of the lumbar spine. The appeals were based on direct service connection or as secondary to his service-connected pes planus.

The Board has determined that the veteran does not have a right shoulder, right knee, or back disorder related to service. The episodes of loss of awareness are also not considered service-connected.

The veteran's service-connected residuals of a gunshot wound to the left shoulder region and muscle groups III, V, and VI, fracture of the humerus with retained fragments, and partial paralysis of humeral circumflex and musculocutaneous nerves are currently rated at 30 percent.,The veteran's service-connected residuals of a gunshot wound to the head with gutter type fracture of the parietal bone are currently rated at 10 percent.