Shoulder decisions — 2005

The Board has determined that the veteran's cervical spine and shoulder disabilities are not related to service, and thus denied his claims for service connection.

The VA denied the veteran's claim for an increased rating for his left shoulder injury, finding that it did not meet the criteria for a higher disability rating.

The veteran's left shoulder disability was rated at 20 percent prior to February 7, 2001 and increased to 30 percent beginning on that date. The appeal is denied as the rating assigned does not meet the criteria for a higher rating.

The Board denied the veteran's claim for an increased rating for neuropathy of the left shoulder, finding that a current VA examination was necessary to determine the severity of his condition. The veteran failed to submit to scheduled examinations and thus the claim is denied.

The Board denied the veteran's claims for increased evaluations for his service-connected postoperative residuals of surgical repair, right shoulder; chronic dislocations, left shoulder; and ligamentous strain, right knee. The current ratings for these conditions remain at 20 percent for the right shoulder and left shoulder, respectively, and zero percent for the right knee.

The Board denied the veteran's claims for service connection for a bilateral shoulder disability, an increased rating for his low back disability, and TDIU due to lack of evidence showing a current disability or a relationship between any diagnosed condition and service.

The Board has determined that the veteran does not have residuals of a right shoulder dislocation attributable to his period of military service and thus denied this claim. The left knee disability is currently rated at 10 percent.

The Board found that the veteran does not have a current disability, to include headaches, as a result of an in-service head injury. Therefore, service connection for residuals of a head injury was denied.

The veteran's claim for a higher rating for his right shoulder disability is being remanded due to the need for additional examination and development of records.

The Board denied service connection for a left shoulder disorder due to lack of evidence linking the condition to service.,The claim for reopening the right eye disability was also denied as no new and material evidence was submitted.

The Board denied an evaluation in excess of 20 percent for left shoulder bursitis, finding that the veteran's range of motion was at roughly shoulder level with some limitation during flare-ups.

The veteran's left hip bursitis is service-connected.,Bilateral hearing loss does not meet the criteria for a disability under VA regulations.

The Board finds that the veteran's need for regular aid and attendance is established, meeting the criteria set forth in 38 C.F.R. § 3.352(a).

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining relevant medical records and clarifying his claim for service connection due to herbicide exposure.

The Board has granted the veteran's claims to reopen for right shoulder disorder and bilateral pes planus with hallux valgus, callosities and degenerative arthrosis. The veteran is also service-connected for hearing loss in the left ear, degenerative joint disease of the left ankle, degenerative joint disease of the right ankle, a bilateral knee disorder, and depression.

The Board found that the veteran's low back and left shoulder disabilities were not incurred in or aggravated by active service, as clear and unmistakable evidence showed they pre-existed service.

The Board found that the veteran's claimed bilateral knee, hip, and shoulder disorders did not have their onset during active service or result from disease or injury in service. The preponderance of evidence is against his claims for service connection.

The Board found that the veteran's right shoulder symptoms were acute and transitory, resolving without residual disability. The VA examiner’s opinion supported this conclusion based on clinical evidence of mostly normal range of motion since service.

The Board denied the veteran's claims for increased initial ratings for his service-connected left shoulder disability and cervical strain, finding that the evidence did not support a higher rating based on current functional impairment.

The Board has granted separate evaluations for the veteran's left shoulder and chest scars, with a 10 percent evaluation assigned to each. The claim for an effective date prior to July 10, 1995 for the assignment of a separate 10 percent evaluation for a gunshot wound injury to Muscle Group XXII is also granted.