Shoulder decisions — 2001

The Board denied increased evaluations for the veteran's shell fragment wound disabilities, finding that the current ratings adequately reflected the severity of his conditions.

The Board has determined that the reduction of the veteran's disability evaluation from a 10 percent to a noncompensable level in January 1982 was clearly and unmistakably erroneous. The effective date for the restored 10 percent rating is October 1, 1981.

The Board has determined that the veteran's postoperative residuals of a left shoulder disorder are attributable to service and grants service connection for this condition.

The Board denied the veteran's claims for increased ratings for his service-connected ulnar nerve compression and right shoulder dislocation, finding that there was no credible evidence of current disability or impairment.

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.

The Board has determined that the veteran's dislocated left shoulder with Bristow-type surgery does not warrant an evaluation in excess of 10 percent, as there is no evidence of limitation of motion at shoulder level or to midway between side and shoulder level.

The veteran's service-connected disabilities do not meet the criteria for an automobile or other conveyance and adaptive equipment, as his conditions are not severe enough to require such accommodations.

The Board denied the veteran's claims for service connection of a left knee disorder as secondary to his service-connected right medial meniscectomy, and for thoracic spine disorder. The claim for rotator cuff tendinitis in the right shoulder was also denied.

The Board has determined that the veteran's right shoulder disability is secondary to his service-connected left shoulder disability and grants this claim.

The Board has granted a 60 percent evaluation for the veteran's disability of the cervical spine, effective July 1998. The left shoulder disability remains at 30 percent.

The veteran's claims for service connection for PTSD, low back pain, and peripheral neuropathy (due to exposure to herbicides) were granted. The claim for a right shoulder disorder was not claimed. No rating assigned as the issue is still pending.

The Board has determined that the veteran does not have a current acquired psychiatric disorder, right shoulder disability (other than a scar), left knee disability, or bilateral ankle disability related to his military service. The claim for a left knee scar is denied as there is no evidence of chronic worsening due to service. Service connection was also denied for pes planus.

The veteran died of renal cell carcinoma, and the Board found that he was not entitled to DIC benefits under 38 U.S.C. § 1318 because his death was not caused by a service-connected disability, and he did not meet any of the conditions for entitlement as per the regulations.

The Board found that the veteran's left shoulder disorder was not incurred in or aggravated by service, as there were no service medical records available and the evidence did not support a finding of continuity of symptomatology.

The Board denied increased evaluations for the veteran's service-connected scars and chronic lumbosacral strain, but granted a noncompensable evaluation for orchialgia.

The Board denied the claims of service connection for arthritis affecting the left shoulder, leg, and jaw as secondary to service-connected gunshot wounds. The RO also denied reopening these claims due to lack of new and material evidence.

The veteran's service-connected disabilities, including bilateral defective hearing and a right shoulder disability, prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claims for service connection and effective dates for his left shoulder disability, chronic synovitis of the left elbow, and myofascial pain syndrome of the lumbosacral spine. The RO must review these claims again with consideration of the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's claims for increased evaluations of his service-connected left shoulder dislocation and left anterior cruciate ligament reconstruction are denied as there is no evidence of severe recurrent subluxation or lateral instability in either condition, which would warrant a higher evaluation under Diagnostic Codes 5257.

The veteran's claim for restoration of a 20 percent evaluation for residuals of shell fragment wounds to the right neck and posterior right shoulder is granted from August 15, 1989.,The veteran's claims for increased evaluations for PTSD are denied as he failed to report for scheduled VA examinations without good cause.