Shoulder decisions — 2004

The Board has remanded the case for additional development due to receipt of new evidence after a Statement of the Case was issued.

The Board finds that the veteran does not have a right shoulder or right arm disability related to his military service.

The Board denied a rating in excess of 10 percent for postoperative residuals of dislocation of the left shoulder, finding that the disability is manifested by limitation of motion above shoulder level and atrophy of the shoulder girdle.

The veteran's headaches are rated at the highest schedular evaluation of 50 percent, effective from the date service connection was granted. The right shoulder and cervical spine disabilities each receive a 30 percent rating.

The Board denied the veteran's claims for service connection for back disorder, shoulder disorder (unspecified), neck disorder, and left ear hearing loss. The Board also found that no new and material evidence had been submitted to reopen claims of service connection for headaches and hypertension. Additionally, the Board denied a claim for an initial evaluation in excess of 30 percent for PTSD and a claim for an initial evaluation in excess of 10 percent for bilateral tinnitus.

The Board has granted compensable ratings (10%) for the residuals of shell fragment wounds of the left shoulder and left forearm, effective as of the date of the decision.

The Board has determined that the appeal is REMANDED to the RO for further development and consideration of the veteran's claims.

The veteran's death was due to hypertensive arteriosclerotic cardiovascular disease. At the time of his death, he had service-connected disabilities rated at 90 percent combined evaluation. The Board found that DIC benefits under 38 U.S.C.A. § 1318 were not met as the veteran did not meet the criteria for a 100% total rating due to service-connected disability continuously for ten years prior to death or five years from discharge.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO granted the initial compensable evaluations, but did not address the issues on appeal.

The Board has reopened the claim of service connection for a bilateral shoulder disability due to new and material evidence submitted since the last denial. However, the evidence does not establish that any current shoulder condition is related to active duty.

The Board has granted an additional 10 percent rating for each of the veteran's service-connected shoulder disabilities, based on pain and functional loss.

The veteran is seeking service connection for an upper back and neck disability, which he claims developed secondary to his service-connected right shoulder disorder. The Board has requested a remand due to the need for further examination by a rheumatologist.

The appeal is remanded to the Appeals Management Center (AMC) in Washington, DC for further action. The veteran's claims for service connection and reopening of his PTSD claim are being reviewed.

The Board found no evidence of current shoulder, allergic reaction to penicillin, or back disability. The veteran's service medical records do not show any chronic conditions related to these issues.

The Board has determined that the veteran's right shoulder disorder is related to his service-connected occipital skull fracture and neck injury, granting service connection for this condition.

The Board has granted service connection for the veteran's residuals of a left ankle fracture, finding that his current arthritis is related to his in-service injury. The claims for service connection for lumbar spine and right shoulder conditions are remanded due to the need for further development.

The Board has determined that the veteran does not have a current left shoulder disability related to his service and therefore denied his claim for service connection.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing in accordance with his request. The claims will be returned to the Board after the hearing.

The Board has determined that the veteran's service-connected right shoulder and right elbow disorders do not warrant a rating in excess of 10 percent.

The veteran's left knee and shoulder disorders were not incurred or aggravated in service.,Service connection was granted for right knee chondromalacia with a rating of 10% effective April 16, 2003.