Shoulder decisions — 2002

The Board has determined that the veteran's left shoulder disability warrants a 30 percent rating, effective April 23, 1992.

The Board has denied the veteran's claims for service connection due to lack of new and material evidence. The issues were related to bilateral ankle disorder, left shoulder disorder, left elbow disorder, and rheumatoid arthritis.

The Board has determined that the veteran's claimed conditions are not related to his military service and thus denied all issues on appeal.

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

The Board has denied the veteran's claims for an increased rating for his right shoulder disability and TDIU, finding that the evidence does not support a higher rating than 40 percent.

The Board finds that the veteran's left shoulder disorder is likely due to service, and her bilateral leg disorder is not shown to be related to service or a service-connected disability. The claim for an increased rating for herniated nucleus pulposus with left L5 radiculopathy will be addressed in the Remand portion of this document.

The VA has determined that the veteran's postoperative residuals of right (major) shoulder dislocations do not warrant a rating higher than 10 percent.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his ability to walk and use assistive devices.

The Board has determined that the veteran's right shoulder disability and residuals of a right eye injury are causally related to his military service, leading to a grant of service connection for both conditions.

The Board has determined that the veteran's right shoulder disability, which is manifested by infrequent dislocation and some limitation of motion, does not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's claimed conditions, including a skin disorder, peripheral neuropathy involving all extremities, osteoarthritis involving all joints, residuals of multiple back surgeries for degenerative disc disease, residuals of right shoulder surgery, residuals of left ankle surgery, stroke, lipoma of the left side, and depression, are not service-connected due to lack of evidence showing a direct connection to his military service or exposure to Agent Orange.

The Board denied the appellant's claim for an earlier effective date for nonservice-connected disability pension benefits, finding that there was no evidence of a prior informal claim or incapacitation preventing him from filing his initial claim.

The Board has granted service connection for residuals of an injury to the left shoulder, a right shoulder disorder, and a left knee disorder based on evidence showing these conditions are related to the veteran's active service.

The Board denied the veteran's claims of entitlement to service connection for residuals of a right shoulder injury, rib disorder, and depression. The RO also declined to find that new and material evidence had been submitted to reopen his previously denied claims for service connection for a right knee disorder and left leg disorder.

The veteran's death was due to nonservice-connected causes, and he had a pending claim for VA pension benefits. The RO failed to obtain the necessary medical records, which violated the Veterans Claims Assistance Act of 2000 (VCAA). As a result, his widow is entitled to a nonservice-connected burial allowance.

The Board has denied the veteran's claims for increased ratings and service connection for various conditions, finding that there is no evidence of chronic disabilities within one year post-service or any link to service.

The Board denied increased disability ratings for the veteran's service-connected right and left shoulder disabilities, finding that the evidence did not show marked interference with employment or frequent periods of hospitalization due to these conditions.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a right shoulder disorder, thus denying the veteran's request.

The Board has determined that the veteran's sinusitis, left shoulder disability, and left heel spur are all service-connected. The rating for residuals of a fracture of the T1 vertebra remains at noncompensable.

The Board denied service connection for multiple joint pain and headaches, finding that the veteran's conditions were not incurred or aggravated by active service.