Shoulder decisions — 2005

The Board has granted higher initial ratings for the veteran's service-connected right and left shoulder disabilities, with specific findings on the nature of the disability and the appropriate rating.

The Board has determined that the veteran's left shoulder disability, which includes degenerative changes, does not warrant a higher evaluation than the current 30 percent rating.

The veteran's appeal involves multiple service connection claims for various disabilities, including spinal issues, psychiatric disorders, and musculoskeletal problems. The case is being remanded to obtain additional medical records from the veteran's reserve duty period.

The Board has determined that the veteran does not have any of the claimed conditions and therefore, service connection is denied for all issues.

The veteran's PTSD is rated at 50 percent, which is the maximum schedular rating available. The residuals of his shell fragment wounds to the left arm and shoulder are not compensable as they do not meet the criteria for a compensable evaluation under VA regulations.

The veteran's service-connected left shoulder disorder is currently rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating.,Service connection for right knee and right shoulder disorders cannot be established as there is no in-service diagnosis or treatment of these conditions, and no competent medical evidence linking current diagnoses to military service.

The Board has remanded the case for further development, including obtaining medical records and clarifying the veteran's lower back disability. The right shoulder disability is still rated at 20%.

The Board denied the veteran's claim for vocational rehabilitation training due to his current employment and lack of an employment handicap despite having service-connected disabilities.

The Board has granted an increased evaluation of 30 percent for the veteran's service-connected right shoulder disability, and a 10 percent evaluation for his service-connected right wrist disability.

The Board denied the veteran's claims for service connection of an abnormal bone growth and osteoarthritis of the left shoulder, both secondary to exposure to ionizing radiation. The evidence submitted did not provide new and material information.

The Board has determined that the veteran's right shoulder disability is causally related to injury during military service and grants service connection for residuals of a right shoulder injury.

The veteran's service-connected disabilities were not continuously rated totally disabling for the required period, and he was not a former prisoner of war. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board has denied the veteran's claim for an extension of a temporary total rating beyond June 1, 2003, based on the need for convalescence following right shoulder surgery due to lack of evidence showing severe postoperative residuals.

The Board has remanded the case for additional development to obtain service medical records and VA treatment records, as well as to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has remanded the case for further development and examination, including a VA examination to determine if the veteran's current left shoulder disability is related to service. The issues of entitlement to service connection for ear, sinus, low back, neck, and depressive disorders are also being remanded.

The Board has ordered the case back to the RO for further development and readjudication due to a remand from the Court of Appeals for Veterans Claims.

The Board has determined that the veteran does not have a current hearing loss disability in his left ear, and thus cannot establish service connection for this condition. The back disorder and right shoulder disorder are also denied as there is no evidence of an in-service injury or disease.

The Board has determined that the veteran does not have any current disabilities for which service connection is warranted, including those claimed as residuals of a left knee injury, loss of balance, poor memory due to a damaged lymphatic nerve, a hernia, a hearing disorder, poor eyesight, the residuals of a back injury, and a shoulder disability. The evidence does not support these claims.

The Board has determined that the veteran's service-connected left shoulder disability, characterized by recurrent dislocation and limited motion of the arm, does not warrant a rating higher than 20 percent.

The Board has granted a rating of 30 percent for the veteran's left shoulder disability, effective August 12, 2004. Prior to that date, the disability was rated at 20 percent.