Shoulder decisions — 2001

The Board has determined that the appellant's service-connected left shoulder disability warrants a 10 percent rating from April 20, 1998 to December 8, 1998 and a 100 percent rating from December 9, 1998 through January 31, 1999. From February 1, 1999 onwards, the disability is rated at 10 percent.

The Board has denied the veteran's claims of service connection for organic brain syndrome, residuals right shoulder disability, and rib disability. The RO is instructed to provide additional development as requested in this remand.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to assess the current nature and extent of severity of the service-connected left shoulder disability. The RO must also consider whether secondary service connection is warranted for degenerative joint disease and rotator cuff tendonopathy or impingement syndrome.

The Board has denied the veteran's claim for service connection of a left shoulder disorder due to lack of evidence linking the current condition to his military service. The case is remanded for further development, including obtaining medical records and scheduling an examination.

The VA determined that the veteran's left shoulder disability, which includes degenerative changes and pain on repetitive motion, does not warrant a rating higher than 10 percent.

The veteran's claim for an effective date prior to July 10, 1995 for a 10% evaluation for GSW with injury to Muscle Group XXII was denied. The Board found that the evidence did not satisfy the criteria for an earlier effective date due to lack of evidence within one year prior to July 10, 1995 establishing disability level. Separate evaluations for left shoulder and chest scars were also denied as there is no separate or distinct manifestations.

The VA has determined that the veteran's right shoulder disability does not warrant a rating higher than 30 percent, as his range of motion is limited to 90 degrees of abduction and 95 degrees of forward flexion.

The Board has granted a 20 percent evaluation for the veteran's degenerative traumatic arthritis of the right shoulder with remote surgery and recurrent dislocation (major), based on limitation of motion.

The Board has determined that the veteran's right shoulder, elbow, and tinnitus disabilities are service-connected. The bilateral ear fungus and barotitis of the left ear were not found to be service-connected.

The Board has granted compensation benefits for post-operative left shoulder scarring with pain and tenderness, rated as 10 percent disabling from July 30, 1992.

The Board has determined that the veteran's left shoulder impingement syndrome is proximately due to her service-connected low back disability and grants service connection for this condition.

The Board of Veterans' Appeals has denied an increased rating for the veteran's service-connected left shoulder disability, currently rated at 20 percent.

The Board has determined that the veteran's service-connected right shoulder disorder is not causing his headaches, and therefore does not grant service connection for headaches. The RO should attempt to locate medical records pertaining to the veteran's claims on appeal.

The veteran's claims for service connection for various conditions, including those allegedly related to herbicide exposure, are granted.

The veteran's left shoulder disability, characterized by mild degenerative joint disease and limited motion to midway between the side and shoulder level, is currently rated at 20 percent. The Board finds that this rating adequately reflects his condition.

The veteran's claim for service connection for a left shoulder condition is being remanded due to the need to obtain medical records from Riverside Medical Center and ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that the appellant's preexisting right shoulder, left tibia, and right ankle disabilities underwent an increase in severity during military service due to his active duty activities. Service connection is granted for these conditions on the basis of aggravation.

The Board has determined that additional development is needed before the case can be decided. This includes obtaining updated medical records, scheduling a VA examination for the veteran's low back strain and shoulder disability, and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's current left shoulder disorder is related to symptoms he experienced during his active service, and thus grants service connection for this condition.

The Board has granted a 20% disability rating for chronic instability of the right shoulder as of May 14, 1997. The veteran's condition is rated based on limitation of motion under Diagnostic Code 5201.