Shoulder decisions — 2006

The veteran's increased ratings for his right shoulder and elbow degenerative joint disease have been granted, effective September 2005.

The Board has granted a 30 percent evaluation for the service-connected right shoulder impingement syndrome with rotator cuff tear, finding that it more nearly approximates functional loss due to pain at midway between the side and shoulder level.

The Board has determined that service connection is not warranted for a right foot/ankle disability.

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 appeal is denied as he does not meet the legal criteria for assistance in acquiring specially adapted housing or a special home adaptation grant due to his service-connected disabilities.

The Board has found sufficient new and material evidence to reopen the veteran's claim of service connection for a nervous condition, which is now considered as a claim for service connection for a psychiatric disorder. The claims have been granted.

The veteran's right knee injury residuals are currently evaluated at 10 percent and do not meet the criteria for a higher rating.

The Board has determined that the veteran's right shoulder lesion was not incurred or aggravated during his active duty service and is not related to any period of ACDUTRA. The claim for service connection for residuals of a right shoulder lesion or tumor removal is denied.

The veteran's claims for higher ratings for patellofemoral syndrome of the left knee, gastroesophageal reflux disease with erosive esophagitis, status post cholecystectomy, and left shoulder impingement syndrome were denied as his conditions did not meet the criteria for a higher rating under applicable diagnostic codes.

The veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the veteran's claims for increased ratings for hypertension, status post L5-S1 laminectomy, and post-traumatic arthritis of the left shoulder. The veteran's hypertension was not found to meet criteria warranting a compensable rating. For his status post L5-S1 laminectomy, the RO had assigned a 20 percent evaluation based on recurring attacks of moderate intervertebral disc syndrome with resolution in favor of the veteran. However, the Board determined that this evaluation did not meet the criteria for an increased rating under current regulations. The claim for post-traumatic arthritis of the left shoulder was also denied as there were no findings meeting the criteria for a higher rating.

The Board denied service connection for aortic stenosis and bursitis of the right shoulder, but granted an initial noncompensable rating for prostatitis.

The veteran's claims for service connection were denied as the conditions are not related to his active service and did not manifest within a year of discharge.

The Board denied an increased disability rating in excess of 40 percent for cervical intervertebral disc syndrome, postoperative residuals and service connection for osteoarthritis of the bilateral shoulders.

The veteran's left shoulder disability is rated at 20 percent, and his cervical and dorsal spine region disability is rated at 10 percent. Both conditions are currently rated as they stand without any additional increases.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance or by reason of being housebound.

The Board found that the veteran's service-connected left shoulder disability, which is rated at 20 percent under Diagnostic Code 5201 (limitation of motion of arm), does not meet the criteria for a higher rating. The evidence showed complaints of pain and limited range of motion but no other significant impairment.

The Board found that the veteran's frozen shoulder and carpal tunnel syndrome did not manifest during service or within close proximity to it. The medical evidence does not support a link between these conditions and his military service, with the exception of his service-connected diabetes mellitus. Therefore, the claims for service connection were denied.