Shoulder decisions — 2003

The veteran's appeal for a higher rating for her right shoulder disability was denied by the Board of Veterans' Appeals.

The Board has granted service connection for Hepatitis C and assigned a 30 percent disability rating for the left shoulder disability. The other issues remain pending.

The veteran's need for regular aid and attendance due to multiple non-service-connected conditions, including amputations of both lower extremities, a colostomy, depression, and shoulder disorders, has been recognized by the Board. The veteran is granted special monthly pension based on this need.

The Board has determined that the appellant's right shoulder and cervical spine conditions were not caused or aggravated by treatment provided at a VA medical facility in April 1993, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the appellant's claims for increased evaluations and a total rating based on individual unemployability, except for an increase in evaluation of his right pinguecula to 10% effective December 18, 2001.

The Board has determined that there is no evidence of a current disability for the claimed bilateral shoulder, right upper arm, and left wrist conditions. Therefore, service connection for these conditions is denied.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for specific actions, including obtaining medical records and arranging for an orthopedic examination.

The veteran's appeal is about his right shoulder disability and his claim for individual unemployability. The Board has ordered further development, including obtaining medical records and scheduling the veteran for a VA examination to determine the nature and severity of his service-connected right shoulder disability.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for the requested development and then reviewed again.

The Board has restored the veteran's original 20 percent rating for his service-connected degenerative osteoarthritis of the right shoulder girdle, effective from October 1, 2001 to April 23, 2003.

The Board denied the veteran's claims for increased ratings for his left shoulder disability, right ankle disability, and hemorrhoids. The current ratings of 30 percent for the left shoulder disability, 20 percent for the right ankle disability, and 10 percent for the hemorrhoids are maintained.

The veteran's claims for increased evaluations for impingement syndrome of the right shoulder and degenerative joint disease of the right great toe are being remanded to allow scheduling a Travel Board hearing before a Veterans Law Judge.

The Board of Veterans' Appeals has determined that the development and adjudication of the secondary service connection claim for a left shoulder disability is inadequate, necessitating further development before appellate review.

The veteran's claims for increased ratings for his service-connected right shoulder capsular shift, left shoulder tendinitis, and spondylosis and spondylolisthesis of the lumbar spine were denied. The RO assigned initial disability ratings but did not address whether these ratings are correct or appropriate.

The Board has determined that the veteran's claim for an initial compensable rating for a post-operative scar on the left shoulder is denied.

The Board has ordered the case to be remanded for compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims will be reviewed again after necessary development, including obtaining medical opinions and ensuring proper VCAA notification.

The veteran's application for Supplemental Service Disabled Veterans' (RH) Insurance was denied because his application was received after he reached the age of 65, which is a requirement under VA regulations.

The Board has denied the veteran's claims for service connection for kidney stones, stomach disorder, skin disorder, bilateral shoulder disorder, and bilateral hand disorder. The veteran was granted service connection for PTSD as a manifestation of exhaustion during his Persian Gulf War service.

The Board has determined that the veteran's claims for service connection and a compensable evaluation were denied. The issues of entitlement to service connection for degenerative disc disease of the lower back, right shoulder disorder, and a compensable evaluation for shell fragment wound scars of the back are all currently pending.

The Board denied the veteran's claims for an increased rating for his left shoulder disability and service connection for a back disorder also claimed as fibromyalgia, finding that there was no evidence of continuity of symptoms following service or any relationship to service.