Shoulder decisions — 2002

The Board denied service connection for a rotator cuff tear with status-post acromioplasty of the left shoulder, finding no credible evidence linking the current disability to service.

The Board found that the veteran's left shoulder disability did not meet the criteria for a rating in excess of 40 percent.

The veteran's claim for special monthly pension by reason of being in need of the regular aid and attendance of another person was denied as he does not meet the legal requirements to receive such benefits based on his multiple disabilities.

The Board denied the veteran's claims for an extension of a total disability rating and an increased rating for his left shoulder injury with recurrent subluxation, finding that the surgery did not result in severe postoperative residuals.

The veteran's left shoulder disability was rated at 10 percent from December 1, 1988, to August 11, 1997. From August 12, 1997, to July 16, 2000, the rating was increased to 30 percent for limitation of motion more than 25 degrees from the side but less than midway between the side and shoulder level. Effective July 17, 2000, a 30 percent evaluation is granted for degenerative changes of the left shoulder.

The Board denied the veteran's request to reopen his claim of service connection for a left shoulder disorder, finding that no new and material evidence had been submitted.

The Board found that the veteran's metallic fragment in his right shoulder soft tissue was incurred during service and granted service connection for this condition. The joint abnormality of the right shoulder, including arthritis, bursitis, and tendonitis, is denied as there is no evidence linking these conditions to service.

The Board found that the veteran's right shoulder disability existed prior to his active duty for training and was aggravated during service, but did not meet the criteria for service connection due to lack of long-standing worsening.

The Board has determined that the veteran's left shoulder rotator cuff tendonitis is secondary to his service-connected right fourth and fifth metacarpals, and grants service connection for this condition.

The veteran's claim for service connection of several disorders, including a right shoulder disorder and neck disorder, was granted by the RO on January 2, 2001. The Board denied an earlier effective date due to lack of evidence supporting such a request.

The Board dismissed the appeal because a timely substantive appeal was not filed within the required time frame.

The veteran's claims for increased ratings for multiple shell fragment wound disabilities have been denied as there is no evidence of an increase in severity prior to a severe brain injury and the increase, if any, is not causally related to service-connected conditions.

The Board has denied the veteran's claims for service connection for a right shoulder disability and depression, finding that neither condition is related to his period of active military service or to his service-connected left humerus disability.

The Board has denied the veteran's claims for service connection for a right shoulder disorder and an increased rating for his right knee disorder, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The evidence does not support these claims.

The veteran's appeal has been dismissed due to his death. The claims for reopening service connection and the issues of PTSD and neck/cervical spine condition are not before the Board.

The Board denied the veteran's claim for service connection for a right shoulder disability, finding that her preexisting condition worsened during basic training and AIT but did not show an increase in severity.

The VA denied the veteran's claim of entitlement to service connection for a left shoulder disability, concluding that there is no evidence linking his current arthritic changes to an in-service injury.

The Board found that there is no evidence linking the veteran's current degenerative changes of the cervical spine, thoracic spine, hips, and shoulders to his military service. The claims for service connection were denied.

The Board found that the veteran's post-operative residuals for recurrent subluxation of the left shoulder are manifested by limitation of motion above the shoulder level, with objective evidence of pain. The preponderance of the evidence is against a rating in excess of 20 percent.

The Board has determined that the veteran's additional right shoulder disability is not due to carelessness, negligence, or similar instance of fault on the part of VA in providing medical treatment. The decision concludes that the preponderance of evidence does not support a finding that the disability was proximately caused by an event not reasonably foreseeable.