Shoulder decisions — 2005

The Board finds that the service-connected conditions did not cause or contribute substantially to the veteran's death.

The veteran's claims for increased ratings for his service-connected shoulder disabilities have been granted, with the right shoulder joint receiving a rating of 30 percent from October 3, 2000. The left shoulder joint remains at a 20 percent rating.

The Board has denied the veteran's claims for increased ratings on an extraschedular basis for his service-connected left and right shoulder disorders.

The Board has denied the veteran's claims for service connection for rheumatoid arthritis and right shoulder impingement, finding that there is no evidence of a current diagnosis of rheumatoid arthritis. The claim for right shoulder impingement remains pending as it was granted by analogy under Diagnostic Code 5201.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has determined that the veteran does not have a neck disability, left shoulder disability, or left elbow disability that is related to service. The right shoulder disability is currently rated at 40% due to moderate incomplete paralysis of the upper radicular group (C5-6).

The Board denied the veteran's claim for service connection for a right shoulder disability, finding that there was no evidence linking his current condition to his military service.

The veteran's service-connected residuals of a shrapnel fragment wound (SFW) of the right shoulder are productive of pain and some limitation of motion, but not ankylosis of the scapulohumeral articulation, motion of the major arm limited to midway between the side and shoulder level, recurrent dislocation of the scapulohumeral joint with frequent episodes and guarding of all arm movements, malunion of the humerus with marked deformity, or a severe disability of Muscle Group IV. Therefore, a rating in excess of 20 percent is not warranted.

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected major depressive disorder and for obtaining any relevant treatment records.

The Board has remanded the case for further development, including obtaining service personnel records and VA examinations to assess all of the veteran's disabilities. The claims will be reviewed again after this additional development.

The Board denied the veteran's claims for service connection for bilateral pes planus with calluses, arthritis of the left shoulder, and arthritis of both knees. The Board found no evidence to support a finding that these conditions were incurred or aggravated by active service.

The Board denied an increased evaluation for the veteran's right shoulder bursitis and supraspinatus tendonitis, finding that the disability does not meet or more nearly approximate the criteria for a higher rating under Diagnostic Code 5201.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment was denied as he does not meet the criteria for such assistance due to his current service-connected disabilities. However, he is eligible for adaptive equipment only.

The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, and residuals of right knee cartilage repair with degenerative joint disease were denied as there was no evidence meeting the criteria for higher ratings under the applicable rating schedule.

The Board denied service connection for various conditions, including degenerative joint disease at L4 and L5, headaches, right heel fracture, left ankle fracture, wrist disorders, shoulder disorder, knee disorders, and stomach issues. The appeals were based on presumptions of undiagnosed illness due to service in the Southwest Asia theater.

The veteran's appeal for restoration of a 20 percent rating for his left shoulder disability from September 1, 2000 to April 5, 2005 was denied as the evidence did not show that the motion of the arm was limited to shoulder level or midway between side and shoulder level. For the period after April 6, 2005, a rating in excess of 20 percent for his left shoulder disability was also denied due to lack of evidence showing limitation of motion to 25 degrees from the side.

The Board has granted a 40 percent evaluation for the veteran's right shoulder disability, effective from September 18, 2003. The condition is characterized by recurrent dislocation and subluxation with limited motion of the arm to 25 degrees from her side.

The Board has determined that the veteran's recurrent left shoulder dislocations and degenerative joint disease warrant a 30 percent rating, which is higher than his current 20 percent rating.

The veteran's claims for service connection and increased rating for his shoulder, wrist, knee, and ankle disabilities are denied. The Board found that the veteran does not have chronic disabilities of these joints that began during service or as a consequence of service.

The Board denied increased ratings for postoperative residuals of a recurrent dislocation of the right shoulder with degenerative changes and postoperative residuals of chondromalacia of the right knee.