Shoulder decisions — 2007

The Board found that the veteran's shoulder disorder, diagnosed as tendonitis with degenerative disease, was not due to service or an undiagnosed illness. The current condition is considered a direct result of military service.

The Board has determined that the appellant's bad conduct discharge was due to willful and persistent misconduct, and he was not insane at the time of the misconduct. Therefore, his discharge is considered under dishonorable conditions and is a bar to VA benefits.

The Board has determined that the veteran's service-connected impingement syndrome of the right shoulder warrants an initial 10 percent rating, effective from the date of his claim.

The veteran's claim for service connection for sleep apnea was denied.,For the right shoulder disability, a 30% evaluation was granted prior to July 30, 2002 and from July 30, 2002 through September 21, 2006. The veteran's claim for an increased rating beyond these periods is denied.

The veteran's service-connected degenerative joint disease of the left shoulder is rated at 10 percent, effective from August 1, 2003. The Board denied service connection for a low back disability and allergic rhinitis due to lack of evidence supporting these claims.

The Board found no evidence of a left shoulder condition during service and concluded that the current disability is not related to military service.

The Board denied the veteran's claims for service connection for a right knee disability and for reopening his claim of entitlement to service connection for a right shoulder disability, finding no new and material evidence in support of the latter.

The Board denied the veteran's claims for specially adapted housing and automobile/adaptive equipment, finding that he did not meet the criteria for either benefit.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the right shoulder do not warrant a rating higher than 30 percent, and his degenerative arthritis does warrant a 10 percent evaluation.

The Board has denied the veteran's claims for general and special apportionments of his service-connected disability compensation payments, finding that he is not reasonably discharging his responsibility for support of his spouse or children, and that a special apportionment would cause undue hardship.

The Board has granted a 10 percent rating for the veteran's low back strain, service connection for his left shoulder disorder and residuals of cervical spine injury have been established.

The veteran's appeal is being remanded for further development, including obtaining additional treatment records and providing him with a proper notice letter.

The Board has determined that there is no evidence to support the veteran's claims of service connection for a left shoulder disability and arthritis of the left hip. The disabilities are not shown to be related to his military service.

The Board denied the veteran's claims for an earlier effective date for service connection and for service connection for tinnitus. The Board found that there was no evidence of a left shoulder disability in service or within one year after discharge, and that tinnitus was not incurred during active duty.

The Board has reopened the veteran's claim of entitlement to service connection for residuals of a left shoulder injury and determined that new and material evidence has been submitted. The claim is granted as it raises a reasonable possibility of substantiating the claim.

The Board denied service connection for bronchitis, sinusitis, a left shoulder disability, and headaches.

The Board denied the veteran's claims for an increased rating and earlier effective date for his service-connected right shoulder disability, finding that the evidence did not support a higher rating based on current symptomatology.

The Board has determined that the evidence supports a finding of service connection for the veteran's right shoulder disability, which was incurred during his military service.

The veteran's claims for service connection for right knee and left shoulder disorders are being remanded due to the need for additional medical input to determine the relationship between his in-service injuries and current disabilities.

The Board has remanded the case due to incomplete information and need for further examination. The veteran's claims are related to exposure to Agent Orange during service.