Shoulder decisions — 2005

The case is being remanded to the RO for scheduling a personal hearing before the RO and readjudicating the issues on appeal, including consideration of all evidence. The veteran must be provided with an opportunity to respond after any additional development.

The Board denied the veteran's claims of service connection for various disabilities, finding that there was no current disability for VA purposes and that the evidence did not support a finding of in-service incurrence or aggravation.

The VA determined that the veteran's service-connected disabilities do not render him unable to care for his daily needs without the regular aid and attendance of another person, or render him unable to protect himself from the hazards and dangers incident to his daily environment. Therefore, he is not entitled to special monthly compensation based on need for regular aid and attendance or at the housebound rate.

The VA denied the veteran's claims for increased evaluations for calcific peritendonitis of the left shoulder and lumbosacral strain, finding that both conditions did not warrant an evaluation in excess of 20 percent.

The Board found that the residuals of a left shoulder gunshot wound result in pain but are not productive of severe injury to Muscle Group II, resulting in a denial of an increased rating.

The Board has granted service connection for tinnitus, finding that the veteran's exposure to loud noise during active service is sufficient to establish a current disability. The other conditions were either not diagnosed or denied due to lack of evidence.

The veteran's appeal involves multiple service connection claims for various conditions, including liver disorders, head/neck injuries, back and limb issues, rash on buttocks, hypertension, memory loss, insomnia, stress, joint and muscle pain, and right knee problems. The RO is instructed to obtain his complete service medical records and issue a statement of the case regarding the undiagnosed illness claims.

The VA determined that there is no evidence of a current right shoulder or back disorder related to military service.

The veteran's claims are being remanded for further development, including obtaining SSA records and ensuring due process of law.

The Board has denied initial disability evaluations in excess of 30 percent for chronic strain and tendonitis of the right shoulder, and 20 percent for arthritis of the left shoulder.

The VA denied increased ratings for the veteran's postoperative scar of the left shoulder and cervical spine disability. The veteran's claim for a total disability rating based on individual unemployability remains pending.

The Board found that the veteran's back disorder, abdominal disorder and chest and shoulder disorder were not incurred in service. The claims for these conditions are denied.

The Board has granted a 20 percent evaluation for the veteran's postoperative residuals of a tendon transfer of the right shoulder, effective from May 2000. The claim of service connection for a right hand disorder is remanded due to insufficient evidence addressing its etiology.

The Board has determined that the veteran's right and left shoulder disabilities do not meet or exceed the criteria for a higher disability rating under the applicable VA rating criteria. The current ratings of 40 percent for the right shoulder and 30 percent for the left shoulder are appropriate based on the medical evidence.

The Board has granted an initial 30 percent evaluation for the veteran's right (major) shoulder acromioplasty residuals, rotator cuff repair residuals, and arthroscopic residuals.

The Board found that the veteran's left shoulder disability, manifested by recurrent dislocation and degenerative arthritis, does not warrant a rating higher than 20 percent.

The veteran's claims for increased evaluations of his service-connected left shoulder, right shoulder, left knee, and right knee disabilities were denied. The RO found that the evidence did not support an increase in disability ratings beyond 10 percent.

The veteran's claims for service connection are being remanded due to the need for additional medical records and examination.

The Board has determined that the veteran's claimed disabilities of the lumbosacral spine, cervical spine, and left shoulder did not result from disease or injury during active military service. The claims for these conditions are therefore denied.

The Board has remanded the case for further development, including obtaining additional evidence from SSA and scheduling a VA examination to assess the appellant's employability due to his service-connected disabilities.