Shoulder decisions — 2005

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted secondary service connection for the right shoulder condition, finding that it is proximately due to or the result of the veteran's service-connected left elbow disability.

The veteran withdrew his appeal regarding the issues of service connection for bilateral leg, foot, and left shoulder disorders prior to a decision being made by the Board.

The veteran's left shoulder disability is currently rated at 20 percent, and the Board finds no basis for a higher rating under any applicable criteria.

The VA denied a rating in excess of 10 percent for the veteran's service-connected right shoulder impingement syndrome with right shoulder acromioplasty and rotator cuff repair from September 18, 2001 to December 2, 2001, and after July 2, 2002.

The Board has remanded the case for further development due to inadequate examination and incomplete evidence.

The veteran's claims for increased ratings and initial disability ratings have been denied. The left ankle injury with traumatic arthritis remains at a 10% rating, while the right shoulder strain is rated at 10%. Other conditions remain at their current assigned ratings.

The Board has determined that a separate bilateral shoulder disability is not shown and denied the claim for service connection.

The Board has remanded the case for further development, including obtaining evidence from the SSA and arranging for VA examinations to determine the nature and etiology of the appellant's claimed conditions.

The Board granted service connection for left shoulder impingement syndrome, increased the rating for Ramsey Hunt Syndrome with left eye blepharospasm to 20 percent, and denied an increase in Raynaud's phenomenon. The veteran's migraine headaches are rated as 50 percent disabling.

The Board has denied the veteran's claims for service connection for right upper extremity disability, increased evaluation for left ankle disability, and compensable evaluation for right hand disability. The evidence received since the March 1998 RO decision is considered cumulative and does not provide new or significant evidence to reopen the claim.

The Board has determined that the veteran's right shoulder, right knee, and left knee disabilities were not incurred in or aggravated by his active military service.

The Board has denied the veteran's claims for increased ratings for his right and left shoulder disabilities, finding that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has granted service connection for a rotator cuff tear, left shoulder and arthritis of the lumbar spine.

The Board has reopened the veteran's claims of service connection for low back, cervical spine, and right shoulder disorders. However, the evidence does not support a finding that these conditions are related to military service.

The Board finds that the veteran's right shoulder disability, resulting from treatment at a VA medical facility in January and February 1998, did not result from carelessness, negligence, or lack of proper skill on the part of the VA. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the appellant's claims for service connection for a heart disorder, PTSD, left shoulder disorder, and right arm disorder (shell fragment wound). The evidence submitted did not provide new or material information to support these claims.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or finding that he is permanently housebound, as his conditions do not meet the criteria set forth in VA regulations.

The Board has granted the veteran's application to reopen his claim for service connection based on new and material evidence. The merits of this claim, including secondary service connection, will be remanded to the RO for further development.

The Board has determined that additional development of the record is needed to determine if the veteran's right shoulder disability and psychiatric disorder are secondary to his service-connected diabetes mellitus.