Shoulder decisions — 2006

The Board has granted service connection for the cause of the veteran's death, which is one of the bases for establishing entitlement to dependency and indemnity compensation benefits. The claim of entitlement to educational assistance under 38 U.S.C.A. Chapter 35 will be considered on this basis.

The Board has granted a 40 percent disability rating for bursitis of the right shoulder, effective from when the appeal was filed. The veteran's hypertensive heart disease is not rated higher than 30 percent.

The Board has denied the veteran's claims for increased ratings for his service-connected shoulder disabilities and denied service connection for a low back disorder. The case is remanded to issue a Statement of the Case on the low back disorder claim.

The veteran's bilateral pes planus is rated as mild and not service-connected. The right shoulder disorder and low back disorder are also not service-connected.

The Board found that the veteran's left shoulder adhesive capsulitis is manifested by severe limitation of abduction with additional functional loss due to pain on use, flare-ups, weakness, lack of endurance, and fatigability. Therefore, a rating in excess of 40 percent for this disability was denied.

The veteran's appeal has been dismissed as the RO received a request for withdrawal of his appeal prior to the Board issuing a decision.

The veteran's service-connected pain disorder associated with a left shoulder disability has been rated at 30 percent since the effective date of grant of service connection.

The Board has determined that the veteran's residuals of a shell fragment wound to the left shoulder, including two or three unremarkable scars in the left shoulder area, were incurred during military service and grants service connection for this condition.

The Board found that the veteran's arthritis and osteomyelitis are not residuals of his right shoulder burn, and thus denied an increased rating for his service-connected scar.

The Board denied the veteran's claim for service connection as his left shoulder arthritis is not related to his military service.

The Board has determined that the veteran's service-connected conditions have not warranted a higher initial evaluation, with the exception of a staged rating for residuals of left shoulder injury from May 22, 2000.

The Board denied the veteran's claims of entitlement to an increased evaluation for his back condition and service connection for a right shoulder condition. The evidence did not support the presence of current disabilities or establish that any injuries occurred in service.

The Board has denied the veteran's claims for a compensable rating for his right shoulder disability and service connection for skin condition, joints pain, memory loss, hearing loss, impotency, hypertension, right inguinal lymphoma, back condition, major depressive disorder, gastrointestinal disorder, and Peyronie's disease. The evidence does not support the veteran's claims as these conditions are not related to his military service.

The veteran's claim for a higher rating for his left shoulder disability is denied as the evidence does not support a rating in excess of 20 percent.

The veteran's lumbar spine disability is rated at 60 percent, and his cervical spine disability is rated at 40 percent. The right shoulder disorder and left shoulder disorder are both rated at 10 percent each.

The Board denied service connection for the cause of the veteran's death, finding that his fatal cardiac arrhythmia was not caused by any disease or injury incurred in service.

The Board denied the veteran's claims for an increased rating from 10 percent for impingement syndrome of the right shoulder and a temporary total evaluation beyond January 31, 2002.

The veteran's claims for a rating in excess of 20 percent for his left shoulder disability and for a total rating based on individual unemployability are being remanded due to outstanding requests for hearings.

The Board has determined that the veteran's current right shoulder, cervical spine, and low back disabilities are not related to his military service.

The Board has determined that the veteran's claimed neck and right shoulder disabilities are not service-connected as they were not incurred or aggravated during his period of active military service.