Shoulder decisions — 2004

The Board denied the appellant's claims for earlier effective dates for his service connection and increased ratings for right shoulder, left elbow, and right elbow disabilities. The RO assigned an effective date of May 15, 2002, which is the earliest date that can be established based on the facts presented.

The veteran's hypertension was found to be related to his military service, but there were no residuals of a right knee or shoulder injury found.

The veteran's left shoulder disability is currently rated at 20 percent, reflecting moderate impairment.,The veteran's left leg gunshot wound residuals are currently rated at 20 percent, also reflecting moderate impairment.

The Board found that the veteran's current right shoulder disorder did not begin during service and is not related to any incident of service, including his Navy diving duties. As a result, the claim for service connection was denied.

The Board has denied the claim of entitlement to an initial evaluation in excess of 10 percent for torn rotator cuff, left shoulder between May 10, 1995 and September 8, 1996. The issue of entitlement to a higher rating for postoperative residuals of a torn rotator cuff, left shoulder from November 1, 1996 is remanded.

The VA has granted a 20 percent rating for the veteran's service-connected right shoulder disability, which is currently rated as 10 percent disabling. The evidence shows that the veteran's right shoulder disability manifests limitation of motion at the shoulder level.

The Board denied service connection for degenerative joint disease with limitation of motion of the right hip, degenerative joint disease and degenerative disc disease of the lumbosacral spine, and rotator cuff insufficiency and limitation of motion of the left shoulder.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of any left shoulder disorder found to be present and the current severity of the veteran's service-connected right knee and left ankle disabilities.

The Board has determined that the veteran's left shoulder disability is not related to his active duty service.,Both of the veteran's knee disabilities, including patellofemoral syndrome, are considered direct service-connected as they were present during his active duty.

The Board has granted a 20 percent evaluation for the service-connected left shoulder disability, effective from July 1, 2002.

The Board has granted the veteran's claims of service connection for residuals of shell fragment wounds to his right shoulder and right hip and thigh, finding that these conditions are related to his combat service in World War II. The veteran is also presumed to have incurred tinnitus during his military service.

The Board found that the veteran's left shoulder disability, which is currently rated as 10 percent disabling under Diagnostic Code 5203-5019, does not warrant a higher rating due to lack of malunion or nonunion of the clavicle or scapula and intermittent pain with some functional impairment. The preponderance of evidence did not support a finding that the disability presented an exceptional or unusual disability picture.

The Board has granted an increased rating of 30 percent for the service-connected left shoulder disability, which is currently rated as a minor arm at 25 degrees from the side.

The Board denied an increased rating for the veteran's postoperative residuals of a left (minor) shoulder dislocation, but granted a 10 percent rating. The other issues regarding increased ratings for inguinal hernia repair, ankle tumor, and scar were also denied.

The Board found that the veteran's current disabilities were not caused by a VA examination, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development to obtain medical records and service personnel records, including those related to a motor vehicle accident during active service.

The Board has determined that the veteran became unemployable due to his service-connected disabilities as of September 15, 1992. The effective date for the TDIU is set at September 15, 1992.

The RO has remanded the veteran's claims for additional development due to incomplete records and notification issues.

The Board found no evidence of a chronic left upper extremity disorder during active duty and denied the veteran's claims for service connection.

The veteran's claims for service connection for bilateral hearing loss and other disabilities are denied as there is no current evidence of a chronic disability to support the claims.