Shoulder decisions — 2001

The Board found that the veteran's service-connected disabilities did not prevent him from engaging in substantially gainful employment prior to October 7, 1998. Therefore, the claim for an earlier effective date for a total rating based on unemployability was denied.

The Board denied the veteran's claims for service connection for GERD, an increased rating for postoperative HNP of the lumbar spine, and a higher rating for dislocation of the left shoulder. The claim for left chest pain due to cardiovascular procedure was not addressed as it did not involve service connection.

The Board found that the June 1953 rating decision denying service connection for right shoulder and arm disability was not clearly and unmistakably erroneous. The new evidence submitted by the veteran, his testimony at the RO hearing in December 1999, did not provide material to reopen the claim of entitlement to service connection.

The Board denied service connection for the veteran's left knee disorder, chronic low back pain, and left shoulder disorder. Service connection was granted for mixed vascular and tension-type headaches (30% disabling) and bilateral ureteroceles and diverticulum, left ureter (noncompensable).

The Board has denied the veteran's claim for service connection of a left shoulder disability, finding that new and material evidence was not submitted to reopen the previously denied claim.

The veteran's PTSD is rated at 70 percent disabling, and the RO has granted a higher rating of 100 percent for total occupational and social impairment.

The veteran's claim for service connection and VA disability compensation for right shoulder dislocation, status post hemiarthroplasty was denied due to lack of new and material evidence.

The Board denied the claims for an evaluation in excess of 20 percent for a gunshot wound to the left shoulder and for an effective date prior to January 30, 1990, for the grant of a 30 percent rating. The decision was based on the existing evidence and the reasonable exercise of judgment by the Board.

The Board has remanded the veteran's claims for compensation pursuant to 38 U.S.C. § 1151 for right shoulder and cervical spine disabilities due to a significant change in the law brought about by the Veterans Claims Assistance Act of 2000.

The veteran's increased evaluation for his right shoulder disability was granted, but the RO did not separately rate the impairment of Muscle Group II. The case is being remanded to consider separate evaluations and other issues.

The Board has remanded the case for additional development due to incomplete records and need for further examinations.

The Board denied the veteran's claims for increased evaluations of his service-connected osteoarthritis conditions, finding that the evidence did not support a higher rating than what was already assigned.

The Board denied service connection for a low back disorder, left shoulder disorder, and left wrist disorder. Additionally, the veteran's claims of entitlement to service connection for bilateral pes planus and a compensable evaluation for residuals of a right ankle injury were also denied.

The Board has determined that the veteran's right shoulder condition, left knee disability, and right knee disability are service-connected. However, the right wrist disability is not considered a current disability for VA compensation purposes.

The Board has determined that the veteran's service connection claim for residuals of a left shoulder injury is denied as there is no evidence showing a direct link between his in-service injury and current symptoms.

The Board denied an increased rating for the veteran's left shoulder disability, finding that it did not warrant a higher evaluation than the current 20 percent rating.

The veteran's claims for service connection for left shoulder, left knee, and neck disabilities are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has reopened the veteran's claims for service connection for tinnitus of the left ear and residuals of a left shoulder injury, finding that new and material evidence was submitted. The conditions are deemed to have been incurred during active service.

The Board has granted a 20% rating for the veteran's right shoulder disability, effective from when the claim was filed. The issue of service connection for a cervical spine disorder is remanded.

The Board has granted service connection for the veteran's right shoulder disability and assigned a 10 percent rating effective from December 14, 1998. The appeal is resolved in favor of the veteran.