Shoulder decisions — 2001

The Board determined that the veteran's right shoulder disability warrants a 10 percent evaluation, effective from the date of the VA examination in April 1999.

The Board has remanded the case for additional development due to new regulations and evidence requirements under the Veterans Claims Assistance Act of 2000.

The Board has remanded the case for further development, including obtaining updated medical opinions and evidence. The veteran's claims of service connection for arthritis of the right shoulder and an increased evaluation for PTSD will be reconsidered.

The veteran's fatigue and migraine headaches are presumed to be due to an undiagnosed illness that developed during service. The left knee arthritis is also presumed to have been incurred in service.

The Board denied the veteran's claims for increased ratings for traumatic bursitis of the right shoulder and degenerative arthritis of the thoracic spine, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board finds that the veteran's disability, characterized as residuals of shell fragment wounds to the neck and left shoulder area with a history of left shoulder sprain, does not warrant an evaluation greater than 10 percent.

The veteran's claims for service connection for upper back strain, right shoulder strain, a left shoulder disorder, and hemorrhoids were denied. His claim for an initial rating in excess of 0 percent for hearing loss was also denied.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected conditions.

The Board found that the veteran does not require regular aid and attendance or be considered housebound due to his disabilities.,VA determined that recovery of the overpayment is against equity and good conscience, considering factors such as the appellant's lack of fraud and undue financial hardship.

The Board has granted an increased rating for the veteran's left shoulder disability to 20 percent, effective from when the current rating was assigned in April 1994.

The Board has determined that the veteran's bilateral shoulder disabilities do not warrant an evaluation in excess of 20 percent, and the effective date for the increased evaluations is denied.

The veteran's claim of entitlement to an increased rating for his left shoulder disability was granted, with a 30 percent evaluation effective from the date of the decision.

The Board denied reopening of the veteran's claims for service connection for various conditions, including left shoulder disability, neck injury, kidney/bladder disability, vision problems (undiagnosed), depression (undiagnosed), TMJ (undiagnosed), fibromyalgia (undiagnosed), and gastrointestinal disability (undiagnosed).

The Board has granted service connection for a right shoulder disability, but denied service connection for a left shoulder disability due to lack of evidence showing the condition was incurred during service.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, bilateral tinnitus, residuals of frostbite, a back condition, and a left knee condition. The veteran's stomach condition was not found to be proximately due to or aggravated by his service-connected PTSD. The claim for an increased rating for post-traumatic stress disorder (PTSD) is denied.

The Board denied the veteran's claims for service connection for neck, back, and shoulder injuries as well as flat feet, chondromalacia of the right knee, and abrasion of the left knee. The decision also found that the veteran had no dental injury during service.

The Board denied service connection for a heart disorder and a right shoulder disability, but granted an increased rating of 10% for hypertension.

The Board has granted an initial 20 percent rating for the veteran's subacromial right shoulder bursitis, effective from November 1, 1998.

The Board denied the veteran's claim for a rating greater than 50 percent for his residuals of a fracture of the left humeral neck with arthritis, status post total left shoulder arthroplasty.

The Board has denied the veteran's increased rating claims for his service-connected left thigh, left foot, and right shoulder disabilities. The RO also granted service connection for a right knee sprain and assigned noncompensable evaluations to each of these disabilities, effective from June 1999.