Shoulder decisions — 2004

The VA has determined that the veteran's right shoulder bursitis does not warrant an evaluation in excess of 20 percent, as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has remanded the case due to the need for a VA examination regarding the veteran's arthralgia of the right shoulder, hip, and leg. The issue of hepatitis C service connection is also pending.

The Board denied the veteran's claim for vocational rehabilitation and training benefits, finding that he has overcome the effects of impairment of unemployability through employment in an occupation consistent with his abilities, aptitudes, and interests.

The veteran's appeal involves two issues: a request for an increased rating for bursitis of the right shoulder prior to August 22, 2003 and another for IVDS and degenerative arthritis of the lumbosacral spine as of that date. The decision is mixed, with some aspects granted and others not.

The veteran's appeal is being remanded for additional development and to ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 are completed.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for residuals of a gunshot wound to the right shoulder. The veteran's claim is being remanded for further development, including obtaining medical records from his period of active duty and an examination to determine if his current disability was aggravated during service.

The Board has determined that the veteran's left shoulder disorder, diagnosed as post-traumatic degenerative arthritis with a history of dislocation and surgery, was incurred during active duty service.

The case is being remanded to the RO for further development and readjudication of the claims for service connection due to new evidence and changes in law.

The Board denied the appellant's claims for reopening his service connection claims for bilateral knee, back, right shoulder, and bilateral leg disabilities due to lack of new and material evidence.

The Board has denied the veteran's claims for service connection for a right shoulder disability and neck disability, finding no competent evidence linking these conditions to his military service.

The Board denied the veteran's claims for an increased rating for his left shoulder disability and a noncompensable rating for his bilateral hearing loss, finding that the evidence did not meet the criteria for higher ratings under applicable VA regulations.

The veteran's appeal is remanded for a VA examination to determine if his service-connected disabilities prevent him from engaging in substantially gainful employment.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for cervical spine disorder, bilateral shoulder disorder, bilateral arm and hand disorder, and bilateral knee and leg disorder. The RO previously denied these claims in October 1998 on both a direct and secondary basis.

The Board has granted the veteran's claim for a total disability evaluation based on individual unemployability due to his service-connected disabilities, particularly his low back disability.

The veteran's combined schedular rating for his service-connected disabilities is 50 percent, which does not meet the criteria for a TDIU as it falls short of the minimum requirement of 70%.

The veteran's appeal is being remanded for additional development, including a new examination and review of the claims file to determine if higher ratings are warranted for his service-connected conditions.

The veteran's appeal is remanded for further development, including obtaining VA outpatient records and evaluating his disability under the revised rating schedule effective August 30, 2002.

The Board found that the reduction of the veteran's disability compensation benefits to the 10 percent rate effective February 2, 1998 was appropriate due to his incarceration for a felony conviction.

The Board has denied the veteran's claims for service connection for pseudofolliculitis barbae, depression, and a shoulder condition. The claim of whether new and material evidence had been received to reopen a claim of entitlement to service connection for plantar wart, left foot, is dismissed due to withdrawal by the veteran.

The Board denied the veteran's application to reopen his claim for service connection for arthritis of the left shoulder, finding that no new and material evidence had been received. The decision is final as it was a final denial with respect to this issue.