Shoulder decisions — 2002

The Board has granted service connection for chronic tonsillitis and found no current disability associated with the veteran's bilateral shoulder joints. The left hand scar is noncompensable.

The Board has determined that the veteran's left shoulder derangement warrants a 20 percent evaluation, effective from June 7, 1999.

The Board granted service connection for the veteran's conditions but did not grant any compensable ratings. The veteran was found to have right elbow tendonitis, left shoulder degenerative joint disease, and right knee arthritis. However, he did not meet criteria for a compensable rating for his right elbow condition or his left shoulder and right knee conditions.

The Board has denied the veteran's claims for service connection of degenerative arthritis of the right shoulder and right knee, finding that these conditions are not proximately due to or the result of his service-connected postoperative osteochondroma of the left femur.

The Board has determined that the veteran does not currently suffer from chronic low back disability or right shoulder disability, and therefore service connection for these conditions is denied.

The veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment considering the impairment from the disabilities and his educational and occupational background.

The Board found that the submitted evidence was not new and material, thus denying the reopening of the claim for service connection for a right shoulder disability.

The Board has determined that the veteran does not currently suffer from residuals of a left shoulder injury or residuals of a left rib injury, and thus service connection for these conditions is denied.

The Board denied service connection for undiagnosed illnesses manifested by chronic fatigue and somnolence, as well as pain of the shoulders, elbows, and left wrist. The veteran's symptoms were not shown to be related to his military service.

The Board denied the veteran's claims for service connection for osteoarthritis of the knees and feet, a bilateral shoulder disability, and a total rating based on individual unemployability due to service-connected disabilities. The evidence did not support the veteran's assertions that his current conditions were related to his military service.

The Board found that the veteran's preexisting right shoulder disorder did not worsen during his service and thus denied his claim for service connection.

The Board found that the veteran's current right shoulder problems, including pain, limitation of motion, loss of strength as well as arthritis and a rotator cuff tear, were caused or made worse by VA's failure to administer an antibiotic before his July 1998 right shoulder surgery. As such, the criteria for compensation benefits under 38 U.S.C.A. § 1151 are met.

The Board has remanded the case for further development and adjudication, including addressing an earlier effective date for service connection of major depressive episode with psychotic features.

The Board has granted service connection for both the right shoulder disability and left wrist disability, which were previously denied in October 1996. The RO entered a new rating decision in April 2002 that addressed these issues.

The Board has granted a compensable evaluation of 10 percent for left knee retropatellar arthralgia from July 27, 1999. The issue regarding the initial claim for left shoulder arthralgia is pending.

The Board has granted an increased evaluation to 20 percent for the veteran's service-connected degenerative joint disease of the left shoulder, effective from the date of this decision.

The Board determined that the veteran's chronic acquired bilateral shoulder disorder, including rheumatoid arthritis, was not incurred in or aggravated by active service and denied his claim.

The Board denied the veteran's claims for increased ratings for mitral insufficiency, right shoulder strain, and residuals of mandibular osteotomy as they did not meet the criteria under VA rating schedules.

The Board has determined that the veteran's residuals of a gunshot wound to the left shoulder region, including injury to muscle groups III, V, and VI; fracture of the humerus with retained fragments; and partial paralysis of humeral circumflex and musculocutaneous nerves, warrant a 40 percent rating.

The veteran's disabilities, including back pain, PTSD, and knee injury, have rendered him unemployable due to his age, education, and occupational history. Effective September 17, 2001, the veteran is entitled to a permanent and total disability rating for nonservice-connected pension purposes.