Shoulder decisions — 2003

The veteran's claims for increased evaluations of his service-connected conditions have been remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and residuals of frostbite. The right shoulder disorder and right hand disorder claims were not addressed as they are related to a pending TDIU claim.

The veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Board has denied the veteran's claims for service connection for various conditions, including a left rib fracture, right knee injury, third degree burns on the hands and face, laceration of the chin, tumor on the right side of the rib cage, chronic respiratory disability, cardiovascular renal disease (hypertension), tinnitus, musculoskeletal pain in the shoulder and neck, and chronic stomach pain. The decisions are final based on evidence from service records.

The Board has granted an initial evaluation of 20 percent for chronic cervical strain from April 4, 1995 to July 23, 2000 and a 30 percent evaluation for chronic right trapezius and pectoralis muscle strain and right shoulder tendonitis since July 24, 2000.

The Board denied the appellant's claims for service connection for a right knee disability and earlier effective dates for his service-connected right ankle synovitis and myofascial pain syndrome of the upper back. The denial was based on lack of evidence showing an in-service injury or disease that led to these conditions.

The Board has determined that the veteran's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities are denied. The issues of entitlement to service connection for a thoracic nerve palsy, gastroesophageal reflux disease, irritable bowel syndrome, and right shoulder disorder secondary to left shoulder disability have not been addressed as they are undergoing further development.

The Board found that the veteran's current left shoulder disorder, dislocation of the left shoulder with arthritis, is related to service and has been permanently aggravated by service. Therefore, service connection for a left shoulder disorder is granted.

The Board found that the veteran's bilateral carpal tunnel syndrome and right shoulder disability were not related to VA medical treatment from February 1991 to April 1993, and thus denied his claims for compensation benefits under 38 U.S.C.A. § 1151 and an increased rating.

The Board found no evidence of a chronic shoulder disorder in service or continuity of symptoms thereafter, and there is no competent medical evidence linking the current DJD to service. Therefore, service connection for DJD of the bilateral shoulders was denied.

The Board denied the veteran's claims for service connection for a right shoulder disorder and a low back disorder, finding no medical evidence of chronic disabilities related to his in-service injuries.

The veteran's service connection claims for left biceps tendonitis, right knee condition, left shoulder condition, low back pain, and headaches have been granted.

The Board has determined that the veteran does not have a current right shoulder disability and finds no evidence of such in his service records or subsequent medical examinations. The claims for PTSD and left shoulder disabilities are also denied as there is insufficient evidence to establish a nexus between these conditions and service.

The Board has determined that the appellant does not have a right shoulder or left shoulder disability that is service-connected. The Board also found no evidence of Meniere's Disease in service, but it was granted as the disease began during his military service.

The Board denied the veteran's claim for an increased rating for his right shoulder disorder, finding that a 20 percent evaluation was appropriate based on persistent pain, stiffness, and limitation of motion.

The evidence shows significant pain and limitation of motion in the right shoulder, including ankylosis. The Board has determined that a rating of 50 percent is warranted for recurrent dislocation of the right shoulder.

The Board has determined that the veteran's left shoulder impingement syndrome is a result of his pre-existing condition, which was aggravated by service. Therefore, he is entitled to service connection for this disability.

The Board of Veterans' Appeals has determined that the veteran does not have progressive arthritis of the shoulders, hips, knees and ankles, nor is any such disability related to an incident of service or a service-connected condition.

The Board denied the veteran's claim for an increased rating for his service-connected left shoulder disability, finding that the evidence did not support a higher rating based on limitation of motion or other functional loss.

The Board denied the veteran's claims of entitlement to service connection for hearing loss of the right ear, sinusitis, a right shoulder disorder, and a left hand disorder.