Shoulder decisions — 2005

The Board has determined that additional development is needed, including a VA examination and notification to the veteran regarding his rights under the Veterans Claims Assistance Act of 2000. The claim for an increased rating for residuals of a left shoulder injury with tendonitis will be remanded for further action.

The Board found no evidence of a nexus between the veteran's current left shoulder and/or left elbow disabilities and his active service, leading to denial of both issues on appeal.

The Board found that the veteran's left shoulder injury and anxiety were not incurred in or aggravated by service due to his own willful misconduct and alcohol abuse during the October 1988 motor vehicle accident.

The Board denied a higher disability rating for the veteran's right shoulder disability, finding that it only warranted a 10% evaluation based on pain and normal range of motion.

The VA determined that the veteran's service-connected right shoulder disability does not meet the criteria for an increased rating, as it did not demonstrate limitation of motion to 25 degrees from the side even when considering pain and other functional losses.

The Board has denied the veteran's claims for service connection for a low back disorder, skin rash, hearing loss, and tinnitus as secondary to or aggravated by PTSD. The claim of service connection for arthritis in the left shoulder is also denied.

The veteran's claims for increased ratings for his shoulder and knee disabilities are being granted.,For the left shoulder, a rating greater than 10 percent is denied prior to August 13, 2000, but since then he has been rated at 20 percent. For the right shoulder, a rating of 20 percent is granted effective from October 16, 2002.,For his left knee disability, which was service-connected in March 2003, a 20 percent rating is granted since its effective date of September 16, 2002. For the right knee disability, a 20 percent rating is also granted since October 16, 2002.,The veteran's claim for TDIU has been granted based on his service-connected disabilities.

The veteran's service-connected arthritis of the shoulders was granted, and an increased evaluation from 10% to 20% was assigned. The appellant is eligible for attorney fees based on past-due benefits resulting from this decision.

The veteran's claim for an increased rating for his service-connected wound, Muscle Group II, left shoulder is being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for additional development due to missing x-ray reports and for an appropriate VA examination.

The Board has remanded the case due to failure to provide proper notification and development under VCAA, as well as issues regarding the veteran's address. The RO is instructed to ensure compliance with all duties to notify and assist provisions of VCAA.

The Board found that the evidence does not support a finding of service connection for left shoulder disability, as the competent medical opinions ruled out any relationship between current rotator cuff tendonitis and service.

The VA determined that the veteran's left shoulder disability, including degenerative changes, does not warrant an increased evaluation beyond the current 20 percent rating.

The Board denied the veteran's claims for increased evaluations and extension of a temporary total rating for his service-connected right shoulder disability.

The VA determined that the veteran does not have a current right shoulder disability or head trauma related to his military service.

The veteran's claims for higher initial ratings for right shoulder impingement syndrome, left knee ligament laxity, and arthritis of the left knee with chondromalacia were denied. The claim for service connection for bilateral tinnitus was also denied.

The Board has granted service connection for tendonitis of the knees. The issue of an initial rating higher than 10 percent for scoliosis of the cervicothoracic spine with radiculopathy of the shoulders and wrist is remanded due to need for further development.

The Board denied the veteran's claims for higher evaluations for his service-connected left shoulder and right foot disabilities, as well as his claims for service connection for bilateral iritis, hearing loss, sinusitis, and a deviated nasal septum.

The Board denied service connection for degenerative joint disease of the shoulders and cervical spine, finding no evidence linking these conditions to service. The claim for schizophrenia was also denied as new and material evidence had not been received.

The veteran's claims for increased evaluations of his right shoulder and bilateral wrist conditions are being remanded to the RO for further development, including obtaining VA treatment records and SSA disability claim information.