Shoulder decisions — 2006

The Board found that the evidence was in equipoise with respect to whether the veteran incurred his right shoulder disability during service and whether a service-disability link exists. Therefore, the claim for service connection for a right shoulder disability is granted.

The Board has decided to remand the case for additional development, including providing proper VCAA notice and obtaining a medical opinion regarding the nature and etiology of any right shoulder disorder.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for headaches beyond 10 percent from November 1994 to September 15, 2000, and denied an initial evaluation greater than 30 percent thereafter.,Service connection was also denied for skin disorder, joint pain of shoulders and knees, upper lumbar spine disorder, and nervous condition. The Board noted that the veteran's claims were not related to service or undiagnosed illnesses.

The veteran's claims for increased ratings and effective dates were denied. The skin condition was rated as non-compensable, the SFWs to the low back and left elbow were granted a 20% rating with an effective date of November 19, 1996, and service connection for PTSD was also granted with an effective date of November 19, 1996. The veteran's skin condition is limited to unexposed areas and only occurs occasionally.

The Board has granted a 40 percent disability rating for service-connected type II diabetes mellitus, effective from the date of the decision. The initial left shoulder disorder evaluation remains at 10 percent.

The veteran's bursitis of the left and right shoulders are currently rated at 10 percent each, while his lumbosacral strain is rated at 20 percent. The claims for increased evaluations have been granted.

The Board denied the veteran's claims of service connection for right shoulder arthritis and bilateral hip arthritis, as well as his claim for an increased rating for hepatitis C. The Board found that there was no evidence to support a nexus between any current disabilities and active service.

The Board has determined that the veteran's right shoulder disability does not warrant a rating higher than 20 percent, as it does not cause functional loss equivalent to limitation of motion to the shoulder level.

The Board has granted an increased initial rating of 30 percent for migraine headaches, effective from the date of the May 2004 rating decision. The other issues remain pending and will be addressed in a separate remand.

The veteran's claims for service connection for various disabilities, including left shoulder, bilateral ankle, neck, right and left knee arthritis, and hypertension, were denied as there is no current diagnosis of any of these conditions.

The Board denied the veteran's claims for an earlier effective date for service connection and denied his service connection claims for degenerative joint disease of the cervical spine and a left shoulder disability. The Board found that the right shoulder shell fragment wound was not related to the cervical spine or left shoulder disabilities.

The Board denied an increased rating for the veteran's left shoulder disability, finding that it did not meet the criteria for a higher rating under the applicable diagnostic codes. The veteran was rated at 10 percent disabling since July 2005.

The Board denied the veteran's claims for service connection for residuals of shrapnel wounds to his left wrist and lower leg, traumatic arthritis in his left wrist and shoulders, and PTSD. The Board found that there was no evidence of shrapnel injuries during service or within the presumptive period after service, and that the current disabilities were not related to military service.

The veteran's claims for increased ratings were denied. The left shoulder disability was rated as 50% effective from August 3, 2005, and the perianal fistulectomy disability remains noncompensable.

The veteran's appeal is being remanded for additional examination and development of his claims, including consideration of new evidence.

The Board has determined that the veteran does not have a chronic cervical spine disorder, shoulder disorder, or arthritis that began during service or is otherwise related to his military service.

The Board denied the veteran's claim, finding that his right shoulder condition is not related to service.

The Board has denied the veteran's claims for increased ratings for hypertension and left shoulder dislocation, finding that the evidence does not support a compensable rating under the applicable VA rating criteria.

The Board has denied service connection for a right shoulder disability and headaches as there is no current evidence of these conditions, and the medical evidence does not support a link to service.

The veteran's right shoulder disability is rated at 20 percent from September 30, 1994 to August 11, 2002 and the claim for a higher rating remains pending.