Shoulder decisions — 2006

The veteran's claims for increased evaluations of his degenerative joint disease of the right shoulder, cervical spine, and lumbar spine are being remanded due to a need for proper VCAA notice. His claim for an increased evaluation of his hypertension is also being remanded.

The Board has determined that the veteran's right hip and left shoulder conditions are not service-connected due to lack of evidence showing a causal relationship. The respiratory condition, left ulnar nerve palsy, and enlarged prostate have been found to be related to herbicide exposure during service. However, additional disability in the left shoulder is attributed to an assault by another patient while hospitalized at VA facilities, and right hip disability is attributed to that same incident.

The veteran's appeal has been withdrawn due to his satisfaction with the current ratings and compensation awards.

The veteran's service-connected atrophic scars of the back and shoulders have been rated as 10% since July 29, 1991.,For his cervical myositis and polyradiculopathy of C3-C4, C4-C5 and C5-C6 prior to November 15, 1994, the veteran has not met the criteria for a rating in excess of 30%.

The Board denied service connection for osteoarthritis of the left shoulder joint in October 1976, finding it not incurred or aggravated by service. The moving party's motion to revise this decision due to clear and unmistakable error was denied.

The Board has determined that the appellant's claimed conditions, including vaginal hysterectomy, left shoulder disorder (including frozen joint), and right shoulder disorder (including frozen joint), were not incurred or aggravated during periods of active duty for training. The evidence does not support a finding that these conditions are related to service.

The veteran's claims for initial evaluations in excess of 10 percent for cervical spine arthritis, right shoulder bursitis, and sinusitis are being remanded due to procedural considerations.

The Board denied the veteran's claims for increased ratings for his left ulnar nerve compression, right and left wrist tendinitis, and left shoulder rotator cuff syndrome. The current ratings of 30 percent for left ulnar nerve compression and 10 percent each for right and left wrist tendinitis are maintained.

The veteran's service-connected muscle contract headaches and compression fracture C5-C6 with degenerative disc disease, left upper extremity involvement have not been found to warrant higher disability ratings.

The Board has determined that there is no competent evidence of a current disability of the left shoulder, left hip, or right hip. Therefore, service connection for these conditions cannot be established.

The Board denied the veteran's claims for increased evaluations of his right shoulder and low back strain, finding that the evidence did not support a higher rating. The service connection claim for sciatic nerve impingement syndrome was also denied.

The Board has determined that the veteran does not have a current right knee, bilateral shoulder, or tinea pedis disability for which service connection can be granted.

The veteran's claim for increased ratings for his service-connected postoperative residuals of the right shoulder was granted, with a rating of 30 percent effective as of April 6, 2000. The decision also denied service connection for a right ankle disorder.

The Board has determined that the veteran does not have current diagnoses of right shoulder, neck, or upper back conditions. The service connection claims for these conditions are denied.

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the veteran's current diagnosis of arthritis in his left shoulder, left arm, and legs is not related to any service-connected disability. Therefore, the claim for service connection was denied.

The veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO.

The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The veteran's appeal has been dismissed as he withdrew his substantive appeal before the Board.

The veteran's appeal is being remanded to the RO for additional development, including a VA examination and consideration of new evidence. The case will be readjudicated after this process.