Shoulder decisions — 2007

The Board has remanded the case for additional development, including obtaining Social Security Administration records and reviewing the claims file.

The veteran's combined rating is 50%, which does not meet the requirements for a permanent and total disability rating on an extraschedular basis due to his age, education, and occupational background. The Board finds that he is not unemployable by reason of his disabilities.

The veteran is seeking service connection for a left shoulder disability, including recurrent dislocation and nerve impingement. The Board has determined that further development is needed to determine the nature and etiology of any current left shoulder disability.

The Board has determined that the veteran's bilateral shoulder and elbow conditions are not service-connected, as there is no evidence of in-service injury or disease. The current disabilities are considered to be unrelated to his service-connected gout.

The veteran's claims for increased evaluations and service connection were denied.,Service connection was not granted for headaches, TMJ, or cervical spine whiplash.

The Board has determined that the veteran should be provided with VA examinations to determine the nature and etiology of her claimed disabilities, including bilateral knee disabilities, neck disability, bilateral shoulder disabilities, and residuals of face trauma. The appeal is REMANDED for these purposes.

The veteran's initial evaluations for traumatic arthritis of the right and left shoulders were denied, while his evaluation for degenerative disc disease of the cervical spine was granted. The effective date is not specified.

The veteran's service-connected left knee disabilities have been granted higher ratings, with a separate rating for instability. The right shoulder arthritis remains at the current 10 percent level.

The Board denied the veteran's claims for service connection for acute septic arthritis of the right elbow, hypertension, and a skin disorder. The examiner found no current disability involving septic arthritis of the right elbow. For hypertension, the Board noted that VA has not considered whether it may be related to diabetes mellitus. For the skin condition, the Board did not consider DC 7800 or DC 7806.

The Board has denied all the issues related to service connection for various conditions, including a right hip injury, defective hearing, peripheral neuropathy, left shoulder disorder, residuals of a right ankle injury, left Achilles tendinitis, and a right knee injury. The veteran's claims have been denied as there is no evidence that these conditions are due to active military service or any disability of service origin.

The veteran's claim for an increased rating for scars residual to a shell fragment wound of the left shoulder is denied. The claims for earlier effective dates for PTSD and addition of spouse as dependent are also denied.

The Board has determined that the veteran does not have a low back disability, neck and shoulder disabilities, anxiety and depression, sexual dysfunction, or sinus headaches related to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for chloracne and eye disorder. The claim for service connection for an eye disorder is reopened, but it remains denied as there is no evidence linking the condition to service.

The Board has determined that there was clear and unmistakable error in the January 1979 decision denying service connection for a right shoulder disability, and has granted the claim.

The Board has determined that the veteran's service-connected disabilities do not render him unemployable, as he is capable of performing light physical activities and can engage in sedentary employment.

The veteran's claims for increased rating and earlier effective dates were denied. The Board found that the preponderance of evidence was against the claims.

The veteran's claims for increased ratings for residuals of an A/C separation of the right shoulder, a residual appendectomy scar, and folliculitis were denied. The VA determined that the evidence did not support higher ratings under applicable diagnostic codes.

The veteran's appeal for an increased rating for cervical spine strain with left shoulder radiculopathy and myofascial pain is dismissed.,PTSD has been rated at 50 percent since May 28, 2004, through January 1, 2005, and from February 3, 2005.

The veteran's claim for compensation benefits pursuant to the provisions of 38 U.S.C.A. § 1151 was denied as his kidney damage and subsequent need for dialysis were not found to be caused by VA carelessness, negligence, or similar fault.

The Board has ordered a remand to obtain additional medical records and conduct further examinations to determine the etiology of the veteran's claimed lumbar spine condition, status post laminectomy, and right shoulder condition.