Shoulder decisions — 2005

The Board has remanded the case due to incomplete service medical records from September 1967 to December 1968. The veteran's claims for service connection for various disabilities remain pending.

The veteran's service-connected disabilities have resulted in the need for regular aid and attendance of another person, as evidenced by his inability to dress himself, hold objects, walk without a cane, and feed himself. The Board has granted special monthly compensation based on this need.

The Board has determined that an effective date earlier than August 21, 2001 for a grant of service connection for tinnitus is not warranted. The veteran's claim was not filed prior to this date.

The Board has determined that the veteran does not have current disabilities of the low back, neck, or right shoulder that are related to his active service. The evidence shows no such disability for many years after the incidents in question.

The veteran's claims for a compensable rating for bilateral hearing loss disability, and for service connection for degenerative joint disease of the thoracic spine and superior thoracic levoscoliosis are not addressed in this decision. The Board has jurisdiction over the remaining issues: Service connection for degenerative joint disease of the cervical spine is denied as it was not incurred during service or due to a service-connected disability, while tinnitus is granted as it was incurred during active service.

The Board has determined that the veteran's left shoulder disability warrants a 30 percent rating, considering all evidence and legal criteria.

The Board has granted service connection for gout, but denied the remaining issues of cervical spine disability, cardiovascular disability, bilateral shoulder arthritis, and bilateral knee arthritis. The veteran's gout is considered to have originated during service.

The Board has determined that the veteran's preexisting left shoulder condition did not increase in severity during service and therefore, service connection is denied.

The Board has reopened the claim of service connection for a left shoulder disorder and granted service connection based on evidence showing current impingement syndrome and degenerative changes are likely due to an injury sustained during a parachute jump in service.

The Board has determined that there is no competent medical evidence showing a relationship between the veteran's left hip and shoulder disorders and his active service. As such, the claims for service connection are denied.

The veteran's unauthorized medical expenses incurred at St. Francis Hospital from September 25, 2002 through September 26, 2002 are granted as the preponderance of evidence supports that he was not stable and a medical emergency existed.

The Board denied the veteran's claims for increased ratings for his neck and right shoulder disabilities, as well as compensable initial ratings for atrophy of salivary glands with impairment of mastication, diminished sense of smell, and diminished sense of taste.

The Board has determined that the veteran's cervical spine strain and left shoulder strain are more likely than not associated with her service, granting her claims for these conditions.

The veteran's appeal for an increased rating for his right shoulder disability was denied, and he is not considered unemployable due to service-connected disabilities.

The Board has remanded the case to the RO for further development, including obtaining medical records and scheduling an orthopedic examination. The veteran's right shoulder disability is being evaluated in relation to her service-connected musculoskeletal disability.

The Board has remanded the case for further development due to conflicting medical opinions regarding the cause of death and service connection issues.

The VA determined that the veteran's left shoulder disability, which is currently rated as 10 percent disabling under Diagnostic Code 5003 for degenerative joint disease, does not warrant a higher rating based on the evidence of record.

The Board has denied the veteran's claims for service connection for a left shoulder disorder and chronic ureterolithiasis (kidney stones) as there is no competent evidence of a nexus to service.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, fatigue (including chronic fatigue syndrome), hair loss, skin rashes, right shoulder pain, psychiatric disability (to include PTSD), gastroesophageal reflux disease (GERD), and sinusitis. The decision was based on a finding that there is no medical evidence indicating the veteran has these conditions or their symptoms.

The Board has determined that the RO's determinations regarding CUE in the prior denials of service connection for back and shoulder disabilities are final, as the veteran did not perfect an appeal within the required timeframes.