Shoulder decisions — 2002

The Board denied the veteran's claim for an effective date prior to January 15, 2002, for a grant of a 40 percent evaluation for his right shoulder disability. The RO found that it was not factually ascertainable that the increase in disability occurred before this date.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that his current range of motion and pain in his right shoulder are not related to VA medical care.

The Board has determined that there is no current evidence of a right shoulder/upper arm disability and thus service connection cannot be granted.

The Board found that the August 1981 rating decision did not involve clear and unmistakable error in assigning a 10 percent evaluation for multiple non-compensable service-connected disabilities, with an effective date of May 15, 1981. The veteran's claim was denied.

The Board has determined that the veteran's right shoulder disability, characterized by pain and limited motion, warrants a 30 percent evaluation.

The Board denied the veteran's claims for service connection for various conditions, including schizophrenia, bilateral hearing loss, chronic muscular strain with tendonitis of the shoulders, chronic synovitis with ulnar nerve irritation of the elbows, moderate and chronic synovitis of the hands and wrists, a pulmonary disorder, and skin rashes. The Board found that none of these claims were legally merited.

The Board found no evidence of a right shoulder disability incurred during service and denied the claim. For GERD, the veteran was granted a noncompensable evaluation as her symptoms did not meet the criteria for any higher rating under the applicable diagnostic code.

The veteran's service-connected left shoulder strain and left elbow epicondylitis have been granted initial compensable ratings of 10%. The veteran's PTSD has also been granted a higher initial rating of 50%.

The Board has determined that the veteran's degenerative joint disease of the left shoulder is related to his in-service injury, and thus grants service connection for this condition.

The Board denied the veteran's claim for an increased rating for his service-connected right shoulder disability, finding that the evidence did not support a higher evaluation.

The RO denied the appellant's request to restore a 20 percent disability rating for his service-connected left shoulder disability and also denied his increased ratings claims. The effective date is not specified.

The veteran's private ambulance and medical services provided in September 1999 were not authorized by VA, and the claim for reimbursement was denied as he did not meet the criteria for payment or reimbursement of unauthorized medical expenses.

The veteran's right shoulder injury, along with other conditions like hypertension and back pain, prevents him from engaging in substantially gainful employment due to his service-connected disabilities.

The Board has determined that the May 1999 rating decision, which reduced the evaluation of the veteran's right shoulder disorder from a 30 percent to a 20 percent rating, was proper. The veteran is currently rated under Diagnostic Code 5302 for a gunshot wound to Muscle Group II and his disability picture does not meet the criteria for a higher rating.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and denied the claim for service connection for the cause of the veteran's death.

The veteran's claim for an increased rating for muscular contractions with headaches and neck pain was granted. The claim for compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability as a result of left shoulder surgery in January 1991 was denied, as there is no clinical or other competent evidence showing that the veteran's pre-existing low back disorder was permanently increased in severity due to the November 1982 stretcher accident and his left shoulder disability resulted from VA treatment. The claim for a total disability evaluation based on individual unemployability due to service-connected disabilities was granted.

The Board has determined that the veteran's service-connected back strain warrants a 20 percent evaluation, resolving all doubt in his favor.

The Board has determined that the veteran's right shoulder disorder, manifested by degenerative joint disease, chronic rotator cuff disease and adhesive capsulitis, is proximately due to or the result of his service-connected left leg disability. As a result, the claim for secondary service connection for the right shoulder disorder is granted.

The veteran's appeals for increased evaluations and TDIU have been dismissed due to his withdrawal of the appeals.

The veteran's lumbar spine disability is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted. The thoracic and cervical spine disabilities are each rated as noncompensable. The impingement syndrome of the right shoulder, GERD, and right ear hearing loss are all rated appropriately.