Shoulder decisions — 2003

The veteran's right upper extremity disability, including brachial plexopathy and atrophy, is deemed to be the result of his heart surgery in 1994. The Board finds that this was not a reasonably foreseeable event and grants compensation under 38 U.S.C.A. § 1151.

The veteran's appeal is remanded to the RO for scheduling a hearing at the RO before a Veterans Law Judge.

The Board has granted a 20 percent evaluation for the veteran's postoperative residuals of a left mid-shaft fibular fracture and ankle ligament injury with degenerative joint disease, effective from August 1995. The claim for an initial evaluation in excess of 10 percent for postoperative residuals of recurrent dislocation of the left shoulder remains denied.

The Board has remanded the case for readjudication of the issue of a rating in excess of 20 percent for service-connected postoperative residuals of recurrent dislocation of the left (minor) shoulder, including consideration of DeLuca v. Brown and 38 C.F.R. §§ 4.40, 4.45, and 4.49.

The Board has granted service connection for residuals of a right shoulder dislocation and residuals of a right ankle fracture, finding that both conditions are related to service. The veteran's right shoulder dislocation is considered direct service connection, while the right ankle fracture is found to be incurred in service.

The Board has remanded the case for additional development due to invalidated provisions of the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for service connection for a left shoulder disorder secondary to his service-connected bilateral knee disability due to insufficient evidence and development.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection for various joint and spine conditions, as well as bilateral carpal tunnel syndrome, are pending.

The Board has granted service connection for a left shoulder disorder due to an injury during service. The claim for residuals of a back injury, shown as muscular strain to the left posterior thorax, is pending and will be addressed in the remand section.

The Board denied the veteran's claims of service connection for residuals of a back injury, left shoulder injury, left knee injury, left ankle injury and nose injury. The RO also denied his claim for an increased rating for the service-connected tonsillectomy.

The Board has granted a 20 percent rating for left shoulder bursitis, but denied increased ratings for the low back disorder and prostatitis with benign prostatic hypertrophy.

The Board has determined that the veteran does not have service connection for any of the claimed conditions, including PTSD, hearing loss, upper respiratory disorders, tonsillitis, hemorrhoids, low back injury, frostbite, ingrown toenails, numbness of hands, fracture of left thumb, right shoulder dislocation, left elbow disability, arthritis of the back and shoulders, hyperopia and presbyopia, chloracne (claimed as secondary to herbicide exposure), or acute/subacute peripheral neuropathy (claimed as secondary to herbicide exposure).

The Board has granted service connection for right knee chondromalacia, finding that it was incurred during the veteran's period of active duty. The issues regarding left knee disorder and shoulder disorders are pending further development.

The veteran's claims for increased ratings for generalized anxiety disorder, postoperative residuals of acromioclavicular dislocation of the left shoulder, and postoperative residuals of right shoulder separation have been granted. The claim for an increased rating for low back injury with lumbosacral strain has also been granted.

The Board has granted service connection for the veteran's bilateral shoulder impingement syndrome with acromioclavicular arthritis, finding that it began during his active duty.

The Board found that the veteran's right shoulder disability is unrelated to disease or injury in service and denied his claim for service connection.

The Board has determined that DJD of the right shoulder was incurred in active service and granted service connection for this condition.

The Board has granted entitlement to an initial compensable evaluation of 10 percent for left knee retropatellar arthralgia effective from September 10, 1993. The claim for the left shoulder arthralgia remains pending and is being remanded for further development.

The veteran's claims for service connection for various conditions, including hypertension, right shoulder disorder, cervical spine disorder, back disorder, dizziness, and insomnia are denied. The VA has not established service connection for any of these conditions.

The veteran seeks service connection for multiple disabilities allegedly incurred in a motor vehicle accident during active duty. The case is being remanded to obtain missing service medical records and conduct further examination.