Shoulder decisions — 2007

The Board found that the July and August 1972 rating decisions, which assigned a 20% evaluation for residuals of a gunshot wound to the left shoulder, contained clear and unmistakable error (CUE) as they failed to consider moderately severe muscle injury to Muscle Groups I, II, and IV. Had service connection been granted for these injuries at the time, the veteran's combined rating would have been 30%.

The veteran's cervical, right shoulder, and left shoulder disorders are being remanded for further development as the VA examination has not addressed whether any current conditions are related to service.

The Board denied service connection for sinusitis and a right shoulder disability, finding no current diagnosis of these conditions. The veteran's statements were not considered sufficient to establish the presence or etiology of these disabilities.

The Board found no evidence of a right shoulder disorder during service or for many years after service, and concluded that the current condition is not related to service.

The Board has determined that the veteran's right shoulder, traumatic arthritis, and COPD disabilities are not service-connected. The cervical and lumbar spine disabilities were found to be not related to his military service.

The Board has determined that the veteran's bilateral shoulder disabilities and cervical spine disability were not incurred in or aggravated by service. The preponderance of evidence is against these claims.

The Board has denied the veteran's claims for service connection and secondary service connection for a right shoulder condition, granted service connection for a bilateral knee strain, but denied an initial compensable disability rating for abdominal scars.

The Board has determined that the reduction of the veteran's disability rating from 30 to 20 percent was proper, as there is no evidence of continued improvement in his shoulder condition.

The Board denied the veteran's claims for earlier effective dates for increased ratings and service connection, finding that the earliest date of claim was March 18, 2004.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The veteran's appeal of the claim for an effective date earlier than November 20, 2003, for a 100 percent rating for left shoulder prosthetic surgery has been dismissed.

The veteran was granted service connection for various conditions, including Raynaud's phenomenon and polymyositis of the shoulders and hips. The initial ratings assigned were all 10 percent.

The veteran's claims for service connection are being remanded due to the need for additional medical examination and consideration of new evidence.

The veteran's claims for increased ratings and TDIU were denied. The RO found that the veteran did not meet the criteria for higher evaluations based on his service-connected right ankle, left ankle, low back strain, left shoulder, right shoulder, and left wrist disabilities.

The veteran's claims for increased ratings for right shoulder impingement syndrome, chondromalacia of the right knee, and chondromalacia of the left knee were denied as his conditions did not meet the criteria for a higher rating under applicable VA rating criteria.

The veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected left shoulder injury and right foot condition.

The Board has remanded the veteran's claims due to incomplete service medical records and requests for further examination.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection for a right shoulder disorder, resulting in a denial of the application.

The Board has determined that the appellant timely filed a Notice of Disagreement with respect to the January 2004 rating decision, and thus the appeal is granted.

The Board has determined that the veteran's right shoulder disability, which is currently rated at 30 percent disabling under Diagnostic Code 5201, does not warrant a higher rating as there is no evidence of additional functional impairment due to pain or other factors. The maximum evaluation available for this condition is 40 percent.