Shoulder decisions — 2002

The veteran's postoperative residuals of a right shoulder injury with resection of the distal clavicle are rated at 20 percent, reflecting mild arthritis and limited motion.

The Board has determined that the veteran's postoperative residuals of bursitis of the right shoulder do not warrant an increased evaluation beyond the current 10 percent rating.

The Board has vacated the remand portion of its November 30, 2000 decision and consolidated the development with the ongoing process at the Board.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to the combined rating of his nonservice-connected disabilities not meeting the threshold for a total disability rating.

The Board has denied an increased rating for the veteran's service-connected gunshot wound to the left shoulder, currently rated at 40 percent.

The Board has denied the veteran's claims for service connection for a right shoulder disability and an increased rating for residuals of a hamstring injury, right little finger fracture, and right ring finger fracture. The veteran's right hamstring injury is currently rated as noncompensable due to slight muscle injury, while his right little and ring finger fractures are both rated as noncompensable.

The veteran is seeking increased ratings for his service-connected neck and right shoulder disabilities. The RO has not considered the neurologic component of these disabilities in adjudicating the current rating assignments, so further development, including an examination to clarify all symptoms and determine which are related to the veteran's service-connected disabilities, is warranted.

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

The veteran's claim for higher special monthly compensation (SMC) based on anatomical loss or loss of use of both hands was denied as he does not have loss of use of either hand, and his function is better than what would be expected if the hands were amputated with a prosthesis.

The veteran's service-connected right thigh and left shoulder disabilities do not warrant an evaluation in excess of the current ratings, and his combined disability rating does not render him unemployable.

The Board found that the appellant's bilateral pes planus was not incurred in or aggravated by military service and denied his claim. The right shoulder arthritis was rated at 10 percent, which is the maximum rating available under Diagnostic Code 5203.

The Board has determined that the veteran's left shoulder disability, characterized by recurrent dislocation with frequent episodes and guarding of all movement, warrants a 30 percent evaluation.

The Board has granted service connection for a left hand disability incurred during active duty, but denied the claim for a right shoulder disability. The veteran is advised of his right to appeal this decision and file a Notice of Disagreement if he disagrees with it.

The Board denied service connection for a neck disorder and a right shoulder disorder, finding no current disability and insufficient evidence to establish a link between the disorders and service.

The Board denied service connection for atypical depression, arthritis of the right shoulder, and hyperlipidemia as they were not incurred or aggravated during the veteran's active duty.

The veteran was granted a total rating based on individual unemployability due to service-connected disabilities effective from August 3, 2002. The appeal is about establishing the appropriate effective date for this award.

The Board determined that the veteran did not file a timely application for Service Disabled Veterans' Insurance (RH) due to his incompetence at the time of filing.

The Board found that the veteran's left shoulder impingement syndrome and rotator cuff tear predated his October 1997 VA surgery, and were not caused or aggravated by the surgery. The RO had previously granted compensation for osteomyelitis of the left shoulder under 38 U.S.C.A. § 1151, but denied benefits for the other conditions.

The Board denied the veteran's appeal regarding the effective date for his service connection of post-traumatic stress disorder and also denied his claims for increased ratings for PTSD and residuals of a shell fragment wound of the right shoulder. The veteran was granted a combined rating of 100 percent for his service-connected disabilities, including PTSD rated at 30% and the right shoulder disability rated at 20%.

The Board denied increased ratings for the veteran's service-connected gunshot wound residuals to the left shoulder and neck, finding that the evidence did not warrant a rating in excess of the current 50 percent and 30 percent ratings, respectively.