Shoulder decisions — 2004

The Board has determined that the veteran did not incur a right shoulder disability during active military service and denied his claim for service connection. The left knee disability is currently rated at 10 percent, but an increased rating or service connection for additional disabilities are also being considered.

The veteran's appeal is being remanded due to scheduling issues for a videoconference hearing.

The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 were denied as his conditions are considered to be directly related to his service, not due to VA fault or unforeseen events.

The veteran's claims for increased evaluations of his service-connected shrapnel wound disabilities are being remanded to the RO for additional development, including a VA examination and consideration of all applicable regulations.

The veteran's heart disorder claim has been reopened, but the right shoulder injury claim remains denied. The Board found new and material evidence for the heart disorder claim.

The Board denied the veteran's claims for service connection for contusion of the right orbital socket with headaches and for a pinched nerve in the neck and shoulder, finding no evidence to support these claims. The claim for reopening the pinched nerve issue was also denied due to lack of new and material evidence.

The Board has denied the veteran's claims for a compensable evaluation for a left trapezius muscle scar, service connection for a cervical spine disability and headaches as secondary to his residuals of a left shoulder injury.

The Board denied service connection for a left shoulder disorder, hysterectomy residuals, and left leg contusion. Service connection was granted for PTSD.,Service connection was not granted for bilateral knee disorder.

The VA denied a rating in excess of 20 percent for the veteran's left shoulder disability, as his range of motion is not limited to less than shoulder level.

The VA has determined that the veteran's left shoulder disorder, which is currently manifested by painful motion without objective evidence of limitation of motion at 25 degrees from the side, does not warrant a rating in excess of 20 percent.

The Board has granted an increased rating of 40 percent for the appellant's right shoulder disability, effective from January 10, 2001. The case is remanded to consider additional evidence and determine if separate evaluations are warranted.

The veteran's right shoulder gunshot wound residuals have been rated at 40 percent since July 3, 1997. Separate evaluations for the entrance and exit wounds scars are not warranted.

The veteran's claims for bilateral hearing loss, right shoulder disorder, diabetes mellitus type II (due to herbicide exposure), congestive heart failure, and hypertension are being remanded due to the need for additional development of his service records and medical records.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical records. The veteran's claims for increased ratings, service connection, compensation benefits, and unemployability are pending.

The veteran's arthritis of multiple joints, including the back, neck, left shoulder, and knees was not incurred in or aggravated by wartime service nor is it due to Agent Orange exposure.,Leukocytosis and hypolipoproteinemia were not incurred in or aggravated by wartime service nor are they due to Agent Orange exposure.,Arthritis of the right shoulder was not attributable to Agent Orange exposure.,The RO's May 1994 rating decision denying service connection for headaches, due to Agent Orange exposure is final. New and material evidence has not been submitted to reopen this claim.,The RO's January 2000 rating decision denying service connection for heart disorder, due to Agent Orange exposure is final. New and material evidence has not been submitted to reopen this claim.

The Board found no evidence linking the veteran's current left shoulder and back disabilities to service, thus denying service connection for both conditions.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if any left knee or right shoulder disorders are related to service-connected disabilities.

The Board has determined that the veteran's left hand disorder, characterized as a scar of the left thumb, was incurred in service. The neck and right shoulder disorders were not found to have their origins during service or for many years thereafter. The back disorder was also not found to be related to service. However, the reduction of the 30 percent rating assigned for the veteran's right hand disorder to a 10 percent rating was upheld as proper.

The Board found that the veteran's left shoulder dislocation residuals were not incurred in or related to his military service.

The Board has determined that the veteran did not sustain a left shoulder condition due to any incident of active military service. The claim for increased rating for residuals of a left ankle fracture is denied as there is no evidence showing ankylosis.