Shoulder decisions — 2005

The Board has determined that the preponderance of the evidence is against the claims for a higher rating for the residuals of right knee and left shoulder injuries, resulting in denial.

The Board has determined that the veteran does not currently have right shoulder impingement syndrome and his headaches do not meet the criteria for a compensable evaluation. Therefore, service connection for these conditions is denied.

The Board has determined that the veteran's right shoulder disability, characterized by recurrent dislocation and post-surgical changes, does not meet or approximate the criteria for a higher rating than the currently assigned 40 percent evaluation.

The Board has determined that the veteran's left shoulder disability does not meet or approximate the criteria for a rating greater than 20 percent, as there is no evidence of fibrous union of the humerus, ankylosis of the scapulohumeral articulation, or limitation of motion to 25 degrees from the side.

The Board denied all claims for increased ratings or service connection. The veteran's malaria claim was previously denied in 2003 but remanded by the Court. The remaining claims were evaluated based on the evidence provided and found to not meet the criteria for the requested increased ratings or service connection.

The veteran's appeal has been withdrawn due to his attorney indicating he only wishes to pursue the claim for service connection for a bilateral eye disability. The remaining issues have been dismissed.

The Board denied increased ratings for right shoulder strain with arthritis and cervical spine disability including spondylosis and degenerative disc disease, both rated at 20 percent.

The veteran's claims for increased evaluations were denied. The RO found that the evidence did not support a higher rating for any of his conditions.

The Board denied service connection for a chronic shoulder disability or shoulder pain, to include as due to an undiagnosed illness.,The Board also denied service connection for a chronic knee disability or knee pain, to include as due to an undiagnosed illness. Service connection was granted for fatigue, but only based on direct evidence.

The Board denied the veteran's claims for service connection for various conditions, including frostbite of the hands and feet, hypertension, a right shoulder disability, a back disability, bilateral knee disabilities, pes planus, residuals of a foot fracture, tailbone disability, diabetes mellitus, and glaucoma. The decision was based on the conclusion that new and material evidence had not been received to reopen the claim for frostbite of the hands and feet, and that these conditions were not incurred in service or due to any other service-connected condition.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence linking these disorders to his active duty.

The Board denied the veteran's claims for service connection of a right shoulder disorder and a back disorder secondary to his service-connected knee disabilities, finding that he did not meet the eligibility requirements for specially adapted housing or special home adaptation grant.

The veteran's claims for higher initial ratings for postoperative residuals of left shoulder reconstruction, eczema, and bilateral Achilles tendonitis were denied as the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board has reopened the claim for service connection due to new and material evidence, but the right shoulder rating and bipolar disorder claims are still pending as they may be affected by the reopening of the other claim.

The Board has determined that the veteran's left shoulder disability warrants a 60 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5201. The rating for damage to the ninth cranial nerve remains at 10 percent.

The Board has dismissed the appeal because the appellant withdrew their substantive appeal prior to a decision being made.

The veteran's hypertension disorder is currently rated as 10 percent disabling.,His bilateral hearing loss was previously rated as noncompensable and has been increased to a 10 percent rating since March 25, 2004.,The left shoulder disorder is currently rated as 10 percent disabling.

The Board found that the veteran's left shoulder dislocation did not result in limitation of motion to 25 degrees of abduction or ankylosis of the scapulohumeral articulation prior to September 16, 1997. Therefore, no effective date prior to this date is warranted.

The veteran's left shoulder disability is rated at 30 percent, and the Board has determined that a higher rating of 40 percent is warranted based on ankylosis with abduction limited to approximately 25 degrees.

The veteran's right shoulder and left knee disabilities are currently rated at the minimum levels, with no additional disability found. The Board finds that a higher rating is not warranted.