Shoulder decisions — 2007

The Board has determined that the veteran's osteoarthritis of the left shoulder, neck, and thoracic joint (chest and ribs) is not related to his service-connected injury to the thoracic muscles with resection of the fourth rib. As a result, compensation under 38 U.S.C.A. § 1151 for this condition has been denied.

The veteran's claims for increased ratings for his knee and shoulder disabilities are being remanded to the RO for further development, including scheduling VA examinations.

The Board has remanded the issues of service connection for sleep apnea and bilateral knee disabilities due to additional evidentiary and procedural development.

The Board denied the veteran's claims for increased rating for bilateral hearing loss, service connection for left knee condition, and service connection for gouty arthritis (claimed as gout in both large toes). The claim for service connection of dislocation of the right shoulder was denied due to lack of medical evidence relating the injury to service. New and material evidence has not been presented to reopen this claim.

The veteran's claims for service connection for lumbar spine degenerative disc disease, arachnoiditis, bilateral leg condition, bilateral foot condition, cervical spine degenerative arthritis, right arm condition, and left arm and shoulder contusion have been denied. The Board found that new and material evidence had not been received to reopen the claims for cervical spine degenerative arthritis and residuals of left arm and shoulder contusion.

The veteran's appeal is being remanded for further development, including scheduling a videoconference hearing.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a right shoulder disorder, as the provided evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board denied service connection for a right shoulder disability and did not reopen the claim for service connection for a back disability due to lack of new and material evidence.

The Board denied the veteran's claims for higher ratings for his left shoulder muscle injury and surgical resection of the distal third of his left clavicle, finding that he did not meet the criteria for a rating higher than 30 percent for the former and 20 percent for the latter.

The veteran's initial evaluations for his service-connected cervical spine, right shoulder, bilateral wrist and knee disabilities have been granted. However, the claims of entitlement to service connection for erectile dysfunction remain pending.

The veteran's service connection claims for residuals of a motor vehicle accident, including headaches, degenerative joint disease of the cervical spine, degenerative changes in the lumbar spine, mild joint space narrowing of the bilateral shoulders, and dizziness are granted. The claim for service connection for panic attacks as a residual of a motor vehicle accident is denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right shoulder disability was dismissed due to the death of the veteran.

The Board finds that the veteran has a current bilateral shoulder disorder that had its onset during his period of service, and grants service connection for this condition.

The case is being remanded for additional development, including VA examinations to assess the veteran's left shoulder and right and left knee disabilities.

The Board has determined that the veteran does not have current diagnoses for several of his claimed conditions, and thus service connection is denied. The remaining claims are also denied.

The Board denied the veteran's claims for service connection of a left shoulder disorder and an increased rating for spondylosis and facet arthropathy L5-S1, finding no evidence to support these claims.

The Board has determined that the veteran's claimed right knee, right leg, and left shoulder disabilities are not service-connected as they were not incurred or aggravated during his active duty.

The Board has denied all service connection claims as there is no evidence of any claimed conditions during or within one year after service, and the nexus opinions are against a link to service.

The veteran's appeal for a compensable evaluation for his scar of the right ear has been withdrawn. The Board does not have jurisdiction to decide this issue.

The Board found that the veteran's osteoarthritis in both knees and shoulders was not incurred or aggravated by service, as there is no evidence of such during service. The medical opinions provided did not support a finding that the current conditions are related to service.