Shoulder decisions — 2003

The veteran has withdrawn his appeal from the denial of an increased rating for a scar on his left shoulder.

The Board has determined that the veteran's right shoulder disability and head injury residuals, including headaches and vertigo, are likely due to injuries sustained during service. The benefit of doubt is applied in favor of the veteran.

The Board has determined that the veteran sustained injuries to his right shoulder and hip during a hospitalization at the Brockton, Massachusetts VA Medical Center from February 13 to March 1, 1995. The fall occurred while the veteran was waiting for an examination, but the circumstances of the hospitalization gave rise to the risks out of which the injury arose. Therefore, the injuries are considered to have resulted from the hospitalization.

The Board has determined that the veteran's current neck, right shoulder, and right arm pain and weakness are related to his VA surgery in January 1992. The seizures or blackouts are not service-connected.

The Board has granted earlier effective dates of July 24, 1999 for the assignment of a 10 percent disability evaluation for both the right ankle disorder and left shoulder disorder status post acromioclavicular separation.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a left shoulder disorder, which was previously denied in February 1977. The veteran's current disability is related to his service-connected Bristow procedure.

The Board found that the veteran does not have arthritis of the right shoulder or cervical spine, and therefore denied his claims for service connection.

The Board denied an earlier effective date for the award of TDIU, finding that the veteran was not unemployable due to service-connected disabilities prior to October 29, 1996.

The Board has granted a 20 percent evaluation for postoperative residuals of the right shoulder disorder and a 20 percent evaluation for left shoulder impingement, finding that the veteran's shoulder movements are more akin to being functionally limited to the shoulder level due to pain and limitation of motion.

The Board has denied the veteran's claim for service connection for a shoulder and arm disability, finding that his current symptoms are related to a cervical spine disorder rather than an in-service injury.

The Board has reopened the veteran's claims for right shoulder rotator cuff repair and a back disorder, to include arthritis of the lumbar and cervical spine. The evidence presented is considered new and material, allowing the claims to be reviewed on their merits.

The Board found no evidence of current disabilities related to the claimed injuries sustained during service. The appellant's claims for service connection were denied.

The Board concluded that the veteran's current neck and shoulder disabilities were incurred in service, giving her the benefit of doubt.

The Board has determined that the veteran's current left shoulder impingement syndrome and subacromial bursitis were incurred in active service, granting the claim for service connection.

The Board has determined that the veteran's degenerative joint disease of the cervical spine is service-connected, but his shoulder disability is not.

The Board found that the veteran did not raise a valid claim of clear and unmistakable error in RO decisions dated in December 1989, October 1990, or January 1991. The effective date for TDIU benefits was revised from June 17, 1992 to May 23, 1991 based on the veteran's statement indicating additional disability.

The veteran's post-operative residuals of a gunshot wound to Muscle Group III, the right shoulder, with traumatic arthritis are currently rated at 50 percent disabling.

The Board has granted service connection for PTSD, but denied claims for lymphadenitis, gunshot wounds residuals, and an organic mood disorder.

The veteran's claim is being remanded due to the need for a personal hearing before a Veterans Law Judge at the Denver RO.

The veteran's claim of entitlement to a higher disability rating for his service-connected left shoulder disability was dismissed because he failed to report for a scheduled VA examination without providing good cause.