Shoulder decisions — 2003

The veteran's appeal is being remanded for further development, including scheduling a VA examination and ensuring compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has granted service connection for cervical spine and right shoulder degenerative joint disease, finding that these conditions are linked to in-service injuries. The effective date is not specified.

The Board has granted effective dates of September 1, 1991 for the awards of service connection and initial ratings for right knee arthritis, left knee arthritis, right shoulder disability, and left shoulder disability. The veteran's claim for tinnitus was also granted with an effective date of October 8, 1996.

The veteran's left shoulder degenerative joint disease is manifested by arm motion limitation to 25 degrees from the side due to severe pain, warranting a 40 percent rating.

The Board denied service connection for right shoulder and left knee disabilities, but granted service connection and assigned 10 percent evaluations each for gastroesophageal reflux disease with hiatal hernia, musculoskeletal low back pain, postoperative scar on the proximal aspect of the left foot, and a left foot disability (classified as status post arthroplasty with pin fixation of the 2nd digit, osteotomy of the 2nd metatarsal, and bunionectomy).

The Board found that the appellant does not have an acquired shoulder disability attributable to his active military service and denied the claim for service connection.

The veteran's combined disability rating is 70 percent, with a bilateral factor of 3.6 percent. The Board has determined that the veteran is unemployable due to his service-connected disabilities and granted a TDIU based on these findings.

The veteran is in need of regular aid and attendance due to multiple disabilities, including COPD, colostomy due to colon cancer, ventral hernia, left shoulder disorder, and residuals of bladder cancer. As a result, he qualifies for special monthly pension benefits.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for specific actions.

The Board denied increased evaluations for the veteran's service-connected shell fragment wounds to the right shoulder, left arm, and left hand in March 1950. The decision was based on the existing evidence at that time.

The Board has reopened the veteran's claims for left shoulder disability and right eye disability, finding new and material evidence to support these claims.

The Board has granted a 20 percent evaluation for the veteran's postoperative residuals, subluxation of the right shoulder, finding that it meets the schedular criteria set forth in Diagnostic Code 5201.

The Board denied the veteran's claims for service connection for lupus, arthritis (also claimed as rheumatism), and residuals of dislocated shoulder due to lack of evidence linking these conditions to military service.

The Board has granted the veteran's claims for service connection for muscle cramps, bilateral ankle condition, and bilateral shoulder condition as due to an undiagnosed illness.

The Board denied the veteran's petition to reopen his claim for service connection for residuals of a left shoulder injury, finding that new and material evidence had not been presented.

The Board has denied the veteran's claims for service connection for residuals of a left shoulder dislocation and osteoarthritis of the bilateral knees.

The veteran's degenerative arthritis of the left shoulder, right knee, and left knee have been granted increased ratings to 20 percent each.

The Board denied entitlement to an increased disability rating for the veteran's service-connected left clavicle fracture with bony deformity and degenerative arthritis of the left shoulder, as well as his claim for service connection for a neurological impairment of the left upper extremity that was secondary to his service-connected residuals of the left clavicle fracture.

The Board has determined that additional development is needed before the claim for a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities can be fully adjudicated.

The Board has restored the veteran's ratings for right shoulder and right wrist disabilities to their original levels, effective November 1, 1997.