Shoulder decisions — 2006

The Board finds that the preponderance of the evidence is against the veteran's claims for service connection for left shoulder and cervical spine disorders, as they are not related to his in-service injuries or conditions.

The Board denied the veteran's claims for service connection for a right shoulder disability, syncope, and an increased evaluation for his right ankle disability. The claim of reopening the depression claim was granted based on new evidence showing a diagnosis of depression related to a head injury during service.

The VA determined that there is no evidence linking the current left shoulder disability to service, and thus denied the claim for service connection.

The veteran's traumatic arthritis of the 12th thoracic and 1st lumbar vertebrae secondary to compression fracture at L1 is rated as 50 percent effective February 4, 2005.,The veteran's DJD of the cervical spine is rated as 20 percent effective February 4, 2005. The right shoulder disability is rated as 30 percent prior to February 4, 2005 and 20 percent from August 30, 2002.

The veteran's appeal has been dismissed as he withdrew his claims for the aforementioned issues.

The Board denied the veteran's claims for increased ratings for his service-connected post-traumatic osteoarthritis of the right shoulder, finding that the evidence did not meet the schedular criteria for a higher evaluation during the periods in question.

The veteran's right knee disability is rated at 20 percent, but the RO denied a higher rating.,Diplopia was not found to be related to service or an undiagnosed illness.,Muscle pain and memory loss were not found to be related to service or an undiagnosed illness.,The claim for arthralgia of shoulders, elbows, and wrists was reopened based on new evidence but denied again.,Fatigue was not found to be related to service or an undiagnosed illness.,Panic disorder without agoraphobia was reopened based on new evidence but denied.

The Board denied the veteran's claims for increased disability ratings for his right shoulder, right groin strain, and residuals of a right fifth metacarpal fracture. The conditions are considered to be directly related to service without any presumption or secondary connection.

The Board has remanded the claims for neck and right shoulder disorders due to inadequate examination reports, lack of clear rationale for opinions provided by the August 2001 VA examiner, and failure to provide proper VCAA notice regarding disability ratings and effective dates.

The Board has granted a 40 percent rating for the right shoulder disability and a 10 percent rating for the left ankle fracture, effective from the date of the decision.

The Board has determined that the veteran does not have a right shoulder disorder that was incurred in or aggravated by his active military service.

The Board has determined that the veteran does not have a current left arm or shoulder disorder and that any arthritis found is not related to service. The claim for service connection is denied.

The Board has remanded the case for additional development, including a search for service records and a VA examination to determine if any current neck or shoulder disability is related to service.

The Board has remanded the case for additional development, including verification of service and obtaining medical records. The veteran's claims for service connection for right ankle, left shoulder, and right leg disabilities are also being considered.

The Board has determined that the veteran's service-connected disabilities do not result in loss of use of his lower extremities or both buttocks, and therefore, he is not entitled to special monthly compensation for these conditions.

The Board and RO have previously denied service connection for various conditions, including a low back disability, diabetes mellitus, heart disorder, right shoulder disorder, bilateral foot disorder, right leg disorder, and right side of the body disorders. The most recent denial was in March 1998 by the RO, which found no new and material evidence to reopen these claims.

The veteran's left below the knee amputation with chronic reflex sympathetic dystrophy is rated at the highest schedular evaluation allowed, and his service-connected disabilities prevent him from securing or following any substantially gainful employment. The shell fragment wound to the left shoulder does not meet a compensable rating criteria.

The Board has determined that the veteran's claimed conditions are related to his service, and granted service connection for most of the disabilities listed. The effective date is not specified.

The case is remanded for a VA examination of the left shoulder to determine its current severity and for development as ordered by the Court.

The veteran's claims for increased ratings for his right shoulder disabilities and service connection for a left knee disability were denied. The Board found that the preponderance of evidence did not support the veteran's assertions regarding these claims.