Shoulder decisions — 2001

The Board found no evidence to support the veteran's claim for service connection of a left shoulder injury or disorder, concluding that any current condition is not related to his military service.

The Board has granted service connection for tinnitus and maxillary and ethmoid sinusitis with retro-orbital headaches and allergic rhinitis, but denied the other claims. The veteran's PTSD was granted a higher staged rating from June 6, 1998.

The Board is without jurisdiction to review the claim of entitlement to a rating in excess of 30 percent for osteoarthritis of the right hip, status post total hip replacement from March 1, 1997 due to lack of timely appeal. The veteran's claims for higher evaluations for his right shoulder disorder and scars have been adjudicated.

The Board has determined that the veteran is not in need of regular aid and attendance due to his multiple disabilities, as he can still perform most of his daily personal needs without assistance.

The Board found that the veteran's left shoulder disability did not meet the criteria for an initial evaluation greater than 20 percent prior to December 20, 2000. The RO had previously increased the rating to 10 percent in July 1999 and to 20 percent thereafter.

The Board has determined that the veteran does not have a left hip or shoulder disability recognized by VA as etiologically related to military service. Therefore, the claims for service connection are denied.

The Board has granted a 10 percent evaluation for each of the veteran's service-connected chronic shoulder impingement syndromes with intermittent bursitis, effective from February 1, 1993.

The Board found no evidence to support service connection for an acquired psychiatric disorder or arthritis of the back, shoulders, and legs. The veteran's statements were deemed less credible than the medical evidence showing these conditions did not manifest during his active service.

The Board has determined that the veteran did not incur permanent residuals of injury to his left arm or shoulder in service, and thus denied service connection for these conditions. The veteran was diagnosed with PTSD which is considered incurred in service, but he did not have a liver disorder or right testicle disorder during service. Service connection was granted for PTSD, and new evidence has been presented to reopen claims for low back and head injuries.

The veteran's cervical spine and left shoulder disabilities have been granted service connection, with increased ratings of 10 percent for the cervical spine disability and 20 percent for the left shoulder disability effective from September 1, 1998. The veteran continues to seek higher evaluations.

The veteran's claims for service connection and increased ratings were denied. Service connection was not granted for left shoulder disorder, bilateral hip disorder, or tinnitus. The veteran's retropatellar pain syndrome of the knees is rated as noncompensable.

The Board granted service connection for the veteran's right shoulder disorder, low back disorder, and degenerative disk disease of the cervical spine. The claims for hearing loss, chronic pain syndrome, sinusitis, tinnitus, hemorrhoids, and a right foot disorder were denied.

The Board has reopened the veteran's claim for service connection for a right shoulder disability and is granting this aspect of his appeal. The left shoulder disability issue remains pending.

The Board has determined that the appellant's right great toenail disorder, lumbar spine disability, cervical spine disability, and left shoulder bursitis are related to his military service. The injuries occurred during active duty training in May 1990.

The Board found no evidence of a chronic left elbow or shoulder disability during service and denied the veteran's claim for service connection.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error (CUE) in the December 2000 Board decision that denied entitlement to an effective date prior to October 8, 1981 for award of service connection for a left shoulder disability secondary to hospitalization for treatment of service-connected tuberculosis.

The Board has determined that no new and material evidence was submitted to reopen the veteran's claim for service connection for a psychiatric disability. The issue of entitlement to service connection for a right shoulder disability is also denied.

The Board has determined that the veteran's service-connected conditions do not warrant a compensable evaluation in any of the cases. The preponderance of evidence is against the claims for increased evaluations.

The Board denied the veteran's claims of service connection for residuals of spiral meningitis, a bilateral knee disability, a bilateral shoulder disability, and a back condition.

The Board has determined that the veteran's right shoulder disability warrants a 20 percent evaluation, reflecting limitation of motion to shoulder level due to pain and weakness.