Shoulder decisions — 2002

The Board found no evidence of a causal relationship between the veteran's service-connected right foot pyogenic arthritis and his claimed shoulder, hands, hips, cervical spine, and low back disorders. The claim for secondary service connection was denied.

The Board has determined that the veteran's right shoulder disability is related to service, and thus grants service connection for this condition.

The veteran's hospitalization at OHSU was not authorized for reimbursement due to the lack of eligibility under VA regulations.

The veteran's disabilities do not meet the criteria for an increased rate of nonservice-connected pension by reason of being in need of regular aid and attendance or having a single permanent disability rated 100 percent under the Schedule, with additional disabilities independently ratable at 60 percent or more, or being permanently housebound.

The Board denied the veteran's claims for increased ratings of his service-connected arthritis of the neck, right shoulder, and right elbow.

The Board denied the veteran's claims for increased evaluations for his right shoulder disorder, right knee disorder, stress fractures of both legs, and skin disorders. The RO found that the assigned ratings were appropriate based on the evidence of record.

The VA determined that the veteran's left shoulder disability does not warrant an increased rating beyond the current 10 percent evaluation.

The Board denied the veteran's appeal, finding that separation pay should be recouped from his VA disability compensation as required by law. The veteran argued for financial hardship and a delay in initiating recoupment proceedings, but these arguments were not sufficient to overturn the requirement.

The Board has determined that the veteran's right shoulder, elbow, and hand disabilities are secondary to his service-connected right wrist disability.

The Board has determined that the veteran's left shoulder disorder warrants a 40 percent rating, and his right shoulder disorder warrants a 30 percent rating.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claim for service connection for gout was not addressed. The RO denied the claim for hypertension in February 1996 and the veteran did not appeal this decision. Service connection for degenerative joint disease of the left knee was granted with a 10 percent rating effective June 26, 1984. The issue of service connection for degenerative joint disease of the right knee remains pending.

The Board finds that further evidentiary development is required due to the difficulty in discerning the level of disability experienced solely by service-connected residuals of a right shoulder injury. The veteran's claim for an increased rating will be remanded for additional development, including obtaining relevant medical records and conducting further examination.

The Board has determined that the veteran's service-connected residuals of shell fragment wounds to his right shoulder and forearm warrant increased ratings, with a maximum rating of 40 percent for the right shoulder and 10 percent for the right forearm.

The Board finds that the veteran's left shoulder disorder is at least as likely as not incurred in service and grants service connection for this condition.

The veteran's appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board denied an increased rating for the veteran's right shoulder disability, finding that a higher rating is not warranted based on the evidence of record.

The Board denied increased evaluations for the veteran's service-connected cervical spine, left shoulder, and right wrist disabilities. The RO had previously granted these conditions with specific disability ratings.

The Board has granted service connection for right shoulder bursitis and a 10 percent rating for low back pain, effective from the date of discharge.

The Board found that new and material evidence had not been received to reopen the veteran's claims for service connection for myositis of the right shoulder and residuals of rheumatic fever. The RO was instructed to obtain records from the Memphis VA hospitalization in May 1945.