Shoulder decisions — 2001

The Board has granted service connection for cervical spine and left shoulder disabilities, but denied claims for increased evaluations. The veteran's cervical spine disability is rated at 20 percent, effective November 1, 1989. His left shoulder disability was initially rated at 20 percent from that date until December 1, 1997, when it was upgraded to a 30 percent evaluation.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for an initial evaluation in excess of 30 percent for bipolar disorder was also granted, with a 30 percent evaluation effective from February 1, 1993. Other claims were continued at their prior evaluations.

The Board denied the veteran's claims for service connection for back injury, left shoulder injury, and left rib injury. The veteran was also denied a higher rating for his right arm scar and left eye scar.

The Board denied the claim for an earlier effective date of August 23, 1996 for a 40 percent evaluation for right shoulder disability. The evidence did not show an increase in disability within one year prior to the June 1997 claim.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claims for service connection for a right shoulder disorder and PTSD, shell fragment wound scar of the right posterior chest wall, and fractured right tenth rib. The effective date for these grants of service connection was changed to March 5, 1997.

The appellant's total disability picture results in the need for regular and constant use of a wheelchair or other assistive device as a normal mode of locomotion. However, his service-connected disabilities do not result in loss of use of any extremity, thus he does not qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The veteran's claim for an increased evaluation of his right shoulder disability is denied as the evidence does not support a higher rating based on limitation of motion.

The veteran's appeal is being remanded due to the need for a hearing before a member of the Board at the local Regional Office in Lincoln, Nebraska.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board has dismissed the appeal for service connection of back, left shoulder, and hiatal hernia disabilities as secondary to the veteran's service-connected right knee disability due to a failure to file a timely substantive appeal. The total disability rating based on individual unemployability claim is also denied.

The Board found that the veteran's death was not causally related to service or his service-connected disabilities, and denied the claim for service connection for the cause of death.

The Board denied the veteran's claims for increased evaluation, service connection, and TDIU. The claims for service connection of a liver disorder and a psychiatric disorder were also denied. The claim to reopen the perforation of the left tympanic membrane was not granted.

Service connection was granted for the service-connected idiopathic cardiomyopathy with congestive heart failure but denied for other conditions due to lack of evidence linking them to service or undiagnosed illnesses.

The Board has denied the veteran's claims of service connection for right and left shoulder disorders due to a lack of competent medical evidence establishing a nexus between his current shoulder conditions and his military service.

The Board denied the veteran's claims for increased ratings for hypertension and irritable colon syndrome, finding that the evidence did not meet the criteria for a higher evaluation under either the old or new VA rating criteria.

The Board denied the veteran's claims for increased evaluations and service connection, finding that her right shoulder, left leg, allergic rhinitis with asthma, migraine headaches, and right knee disabilities did not warrant higher ratings. The decision also found no merit in her claim for service connection for pregnancy and tubal ligation.

The Board has determined that the veteran did not incur a bilateral shoulder disability as a result of active service. The claims for respiratory disorder, arthritis of the right knee, and gastrointestinal disorder have been reopened due to new evidence submitted since the previous final decision but remain denied.

The Board has granted a rating of 20 percent for the service-connected right shoulder disability and denied an increased rating for the left knee injury.

The Board has determined that the veteran's chronic right shoulder disability is not related to his service, including as a prisoner of war (POW), and therefore denied the claim.