Shoulder decisions — 2002

The Board has determined that the veteran does not have a current neurological disability of the right shoulder, and thus service connection for this condition is denied.

The Board has denied the veteran's claims for service connection for right shoulder disability, headaches, and right thumb, 3rd and 5th fingers disability. The Board also found that there is no evidence of a current right shoulder disability or headache disorder within one year of discharge.

The Board denied the veteran's claims for service connection and increased ratings for various disabilities, finding that new evidence did not meet the criteria for reopening a claim of heart disability and denying other claims due to lack of cooperation with VA examinations.

The veteran's psoriatic arthritis and lumbosacral strain with herniated nucleus pulposus are rated at the maximum disability levels based on their severity.

The Board found that the January 1988 rating decision denying a compensable evaluation for service-connected chronic subluxation of the right shoulder was not clearly and unmistakably erroneous, thus denying the claim.

The Board found that it was not factually ascertainable that the veteran's service-connected disabilities rendered him incapable of obtaining and sustaining substantial gainful employment prior to October 13, 2000. Therefore, an effective date earlier than October 13, 2000 for TDIU is denied.

The Board is reopening the veteran's claims for service connection for residuals of a fracture of the right clavicle, fibrositis of the right shoulder with degenerative joint disease, and degenerative joint disease of the left shoulder, bilateral wrists, and bilateral hands. The underlying merits of these claims will be addressed in a subsequent decision.

The Board has determined that the veteran's service-connected residuals of partial scapulectomy of the right shoulder and residuals of scapulectomy of the left shoulder do not warrant evaluations in excess of 30 percent and 20 percent, respectively.

The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including review of revised rating criteria.

The Board has found that the veteran's bilateral hearing loss and tinnitus are related to his active duty service. However, the Board has determined that there is no evidence linking current back, neck, or shoulder disabilities to his military service.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, and found that his anxiety disorder and/or personality disorder are not related to his service.

The Board has granted service connection for erectile dysfunction (impotence) and a left shoulder disability, but denied service connection for the veteran's urethral stricture disease. The initial compensable rating of 10% for urethral stricture disease is also granted.

The Board finds that the veteran does not have current residuals of a right shoulder injury related to service and denies his claim for service connection.

The Board dismissed the appeal as a timely substantive appeal was not filed within the required timeframe for an April 1995 rating decision regarding increased disability compensation for subacromial bursitis of the left shoulder. The claim for an increased rating is denied.

The VA denied the veteran's claim to reopen his service connection for arthritis of the shoulders, knees and TMJ due to lack of new and material evidence.

The Board denied service connection for the veteran's claimed low back disorder, left shoulder disorder, bilateral knee disorder, and basal cell carcinoma/actinic keratoses. The VA found no medical evidence showing these conditions were incurred in or related to his military service.

The Board found that the appellant's current left shoulder disability did not begin during service and was not caused by any incident of service. The preponderance of evidence is against the claim for service connection.

The veteran's accrued benefits claims for encephalalgia, residuals of right shoulder injury, and blindness in the right eye with aphakia were denied as his service-connected disabilities did not meet the criteria for a higher rating.

The Board found that the veteran's death was not caused by or related to his service-connected disabilities, and thus denied service connection for the cause of the veteran's death.

The veteran's claims for increased evaluation, service connection for nerve damage of the left shoulder, and service connection for a mental disorder were denied. The Board found that his current disability did not warrant an increase in rating beyond 20 percent, and that he did not have any new or material evidence to reopen his previously denied claim for service connection for a mental disorder.