Shoulder decisions — 2003

The veteran's appeal is being remanded due to the receipt of additional evidence. The issue on appeal will be reconsidered with consideration of this new evidence.

The veteran's case is being remanded for further development, including obtaining additional evidence and affording the veteran a VA examination to assess his right shoulder disability. The RO must also issue a Statement of the Case regarding the denial of service connection for a neck disorder.

The Board denied the veteran's claims for increased ratings and TDIU due to service-connected disabilities, finding that his conditions did not meet the criteria for higher ratings based on current medical evidence. The veteran's nonservice-connected disabilities significantly impacted his ability to work.

The Board has determined that the veteran is not entitled to service connection for carpal tunnel syndrome, left shoulder disorder, neck disorder, right ankle disorder, low back strain, traumatic arthritis of the left knee, postoperative residuals of reconstruction of the lateral collateral ligaments of the left ankle with traumatic arthritis, gastroesophageal reflux disease (GERD), or hypertension. The veteran's service-connected disabilities are already in effect for his left knee and left ankle disorders.

The Board has granted a 50 percent disability rating for the veteran's right shoulder disability, which is currently rated under DC 4.71a, Diagnostic Code (DC) 5200 by analogy. The veteran's TDIU claim was also granted.

The veteran's appeal was limited to the issue of a rating for her postoperative right shoulder disorder. The RO denied an increased rating, resulting in a denial of her claim.

The Board has determined that the veteran's left shoulder disability warrants a 30 percent evaluation effective August 24, 2001, based on limitation of abduction to 25 degrees. Prior to this date, the evidence did not support an evaluation in excess of 20 percent.

The Board denied the veteran's claims for service connection for a chronic left shoulder disorder and chronic ureterolithiasis (kidney stones).

The Board denied the veteran's claims for service connection for left knee and right shoulder disabilities, as well as bilateral hearing loss. The Board found no evidence of such conditions in service or within one year post-service, and concluded that any current diagnoses are not related to military service.

The Board denied the veteran's claims for increased ratings for his right shoulder, left fifth finger, and right knee disabilities. The right shoulder disability was rated as noncompensable due to painful range of motion with crepitus. The left fifth finger disability did not meet criteria for a compensable rating under current VA guidelines. The right knee disability received a 10 percent initial rating.

The Board has denied the veteran's claims of service connection for bilateral shoulder disability, hypertension, hepatitis B and C, and a psychiatric disorder. The evidence did not show that any of these conditions were incurred in service or related to military service.

The Board dismissed the appeal due to a declaration of forfeiture against the veteran, which rendered moot the original claim for service connection.

The Board has granted the veteran's claim for service connection for a right shoulder disorder, finding that it is related to an injury during active service. The issues of increased ratings for major depression, residuals of a stress fracture to the right pubic ramus, and bilateral plantar fasciitis with Achilles tendonitis are remanded.

The Board has remanded the case to the RO for additional development and consideration of VCAA requirements.

The veteran's claim for an increased rating for his right shoulder separation was denied by the RO, and he is currently rated at 30 percent.

The Board denied an increased rating for the veteran's service-connected left thoracic outlet syndrome with instability of the left (minor) shoulder, finding that it did not meet criteria for a higher evaluation.

The Board has determined that the veteran's right shoulder disability is due to an automobile accident sustained during active service, and therefore grants service connection for this condition.

The Board denied the veteran's claims for service connection for back, left shoulder, and right shoulder conditions due to a lack of competent evidence linking these disabilities to his military service.

The veteran's organic brain syndrome was granted a 100% disability rating, and his hemorrhoids were granted a 10% disability rating. The claims for service connection for low back disorder, bilateral knee disorder, left hand cramping, and right shoulder cramping were denied. The claim of new and material evidence to reopen the carpal tunnel syndrome was dismissed due to lack of timely appeal.

The Board has remanded the case for further development and review of the claims, including compliance with the Veterans Claims Assistance Act of 2000.