Shoulder decisions — 2001

The Board denied an increased rating for the veteran's residuals of a gunshot wound to the right (major) shoulder, finding that the disability did not warrant more than a 30 percent evaluation under applicable schedular criteria.

The veteran's claim for reimbursement or payment of unauthorized private medical expenses from December 28, 1998, to January 1, 1999 was denied because VA facilities were feasibly available and the veteran did not meet all criteria for payment under the provisions of 38 U.S.C.A. § 17.120.

The Board found no evidence of a chronic low back, neck, or left shoulder disorder during active service. The veteran's current conditions are attributed to post-service work-related injuries.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for tendinitis of the biceps of his left shoulder. The veteran does not have a diagnosis of PTSD, and there is no evidence that he has tendinitis in his left shoulder.

The Board found that the reduction in the disability rating for a right shoulder disorder from 10 percent to noncompensable was proper, as there had been improvement and no demonstrable limitation of motion or pain on motion.

The veteran's neurological deficits of the left leg and secondary injuries to the head, shoulders, back, and ribs are not considered to be a result of VA treatment. The Board found that no new and material evidence had been presented to reopen his claim.

The veteran's claim for an initial evaluation in excess of 20 percent for recurrent dislocation of the left shoulder with degenerative joint disease status post arthrotomies was denied due to failure to report, without good cause, for VA compensation examinations. The effective date for service connection for a left shoulder disorder was granted as March 9, 1995.

The veteran's low back disability is rated at 40 percent, and his left shoulder disability from February 9, 1998, is rated at 20 percent. The sinus disability is rated at 10 percent. The chronic undifferentiated somatoform pain disorder is rated at 50 percent as of January 11, 2000.

The Board denied the veteran's claims for service connection and an increased disability evaluation, finding no medical evidence linking his coronary artery disease or joint residuals to his service-connected rheumatic fever with rheumatic heart disease.

The Board denied the appellant's claims for service connection and evaluation of various conditions, including left ear tinnitus, left shoulder adhesive capsulitis, dizziness, a skull condition, photophobia, and post-traumatic stress disorder. The decision also addressed an increased rating claim for right ear tinnitus.

The Board denied the veteran's claims for service connection for anxiety disorder and degenerative joint disease of the spine as secondary to her service-connected shoulder disorder, and denied an increased rating for myofascial pain syndrome of the right dorsal spine.

The veteran's service connection claims for right eye condition, residuals of a right thigh injury (claimed as a right leg condition), right arm condition, right shoulder condition and hearing loss are all granted.

The Board has determined that the veteran's scar from a gunshot wound of the abdomen was incurred during his period of active service and granted service connection for this condition. The right shoulder disability is not considered to be related to military service.

The Board has denied the veteran's claims of service connection for cardiomegaly, chronic swelling of the hands and fingers, arthritis of multiple joints involving the ankles, hips, hands, wrists, and shoulders, and hypertension. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The VA has granted a 20 percent rating for the veteran's right shoulder disorder, postoperative status, effective from May 1, 1998.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a right shoulder disability. The RO is now required to obtain all pertinent medical records, including from Dr. Pacult, and arrange for an examination of the veteran to determine if his current right shoulder disability is related to service.

The Board denied the veteran's claims for service connection for a right shoulder disorder and PTSD, finding that there was no evidence of chronic conditions in service or continuity of symptomatology after service.

The Board has denied the veteran's claims for service connection for left arm, left shoulder, neck, and low back disabilities based on a finding that they were not well-grounded.

The Board has determined that the veteran does not have current disabilities of hemorrhoids, right shoulder impingement with arthritis, or benign prostatic hypertrophy to support service connection claims. As a result, these claims are denied.

The veteran's right shoulder disorder, characterized as dislocation of the right acromioclavicular joint and degenerative changes of the right shoulder, is currently rated at 30 percent. The Board finds no basis for a higher rating based on the evidence provided.