Shoulder decisions — 2004

The Board found that the veteran's current shoulder disability is not related to his surgery for malignant melanoma, and thus denied compensation under 38 U.S.C.A. § 1151.

The veteran's claims for increased ratings for left knee and shoulder disabilities were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to June 4, 2003, for his left knee disability, and did not find sufficient evidence to warrant an initial evaluation greater than 10 percent for his left shoulder disability.

The veteran's right shoulder disability was increased to a 40 percent evaluation from December 12, 2002. The evidence showed severe degenerative changes and instability of the joint.

The veteran's appeal is being remanded for additional examinations and to obtain medical records. The issues include service connection for neck, shoulder, face, and jaw pain and numbness; gastroesophageal reflux disease and a stomach disorder as secondary to dysthymic disorder; and an increased rating for dysthymic disorder.

The veteran's claim for an increased evaluation for his service-connected cervical spine injury with degenerative joint disease and radiating arthralgia to the right shoulder is being remanded due to the need for a supplemental statement of the case addressing the issue.

The Board has remanded the case for further development and examination, including obtaining medical records and arranging for a comprehensive psychiatric and orthopedic evaluation of the veteran's right shoulder.

The veteran's claimed conditions, including insomnia and memory loss, joint pain (including arthritis of the lumbar spine and lumbosacral strain), jaw pain, and rash of the upper arms and shoulders, are not considered to be due to undiagnosed illness from service in the Persian Gulf War. The VA has granted service connection for PTSD which includes insomnia and memory loss, but these conditions are considered part of that condition.

The Board has granted service connection for a left knee disorder, finding it to be proximately due to the veteran's service-connected residuals of a right ankle fracture. The Board denied service connection for a left shoulder disorder, concluding that there is no evidence of an in-service injury or disease and no current disability related to active service.

The Board has granted service connection for the cause of the veteran's death due to arthritis contributing to an abdominal aneurysm rupture. The issue of DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has granted service connection for bilateral hearing loss. The veteran's low back, mid back, right shoulder, and right elbow disabilities are being remanded to the RO for further development.

The Board found no evidence of a current left shoulder disability, to include arthritis, that was incurred in service or may be presumed to have been so incurred.

The Board found that the veteran's pre-existing poliomyelitis with residual atrophy of the left biceps and deltoid did not worsen during service, thus denying his claim for post-polio syndrome.

The Board has determined that the veteran does not have any current skin rash, bilateral ear disorder (to include hearing loss), bilateral foot disorder, low back disorder, or bilateral shoulder and hand disorders. The claims are denied.

The Board has determined that the veteran's cervical disc disease and right shoulder myositis do not warrant a higher disability evaluation based on current medical evidence.

The Board found that the veteran's right shoulder dislocation, post-surgical correction, is currently manifested by pain and some limitation of motion. The current evaluation of 20 percent does not meet the criteria for a higher rating under applicable diagnostic codes.

The Board granted an increased rating of 20 percent for the service-connected left shoulder disability and reopened the claim of service connection for hypertension, but remanded it for further development due to incomplete examination.

The Board has granted service connection for diabetic nephropathy, which is evaluated as 80 percent disabling. The veteran's hypertension is related to his service-connected diabetic nephropathy and thus service connection is also granted on a secondary basis.

The veteran's appeal is being remanded for additional development, including specialized examinations and review of relevant records.

The Board has granted the veteran's claim of service connection for a right shoulder disability as secondary to his service-connected left wrist disability.

The Board granted service connection for PTSD and assigned a 100% evaluation effective from April 2000. The veteran withdrew his appeals concerning the other issues on appeal.