Shoulder decisions — 2007

The Board has determined that the veteran's cervical spondylosis is related to service, and his bilateral shoulder disability was not incurred in or aggravated by active service.

The Board has determined that service connection is not warranted for the veteran's claimed disabilities of bilateral hearing loss, tinnitus, right arm/shoulder disability, and kidney disability.

The Board denied the veteran's claims for increased ratings for left shoulder bursitis and left knee disability, finding that the evidence did not support a rating in excess of 10 percent.

The Board denied the veteran's claims for service connection for multiple joint complaints including arms, shoulders, and thoracolumbar spine, cervical spine disability, bilateral knee disability, and rectal disorder manifested by bleeding. The veteran did not have a chronic disorder of multiple joints involving the arms, shoulders, and thoracolumbar spine that can be related to his period of service.

The Board has determined that the veteran's claims for joint pain and an acquired psychiatric disorder, to include PTSD, need further development due to incomplete records and verification of stressors.

The veteran's appeal is being remanded due to the need for a hearing before a member of the Board.

The Board has denied the appellant's claims for service connection for a left foot condition, a left shoulder condition, a scar on the left bicep, and a lower back disorder due to lack of evidence linking these conditions to service.

The veteran's right shoulder disability, characterized by impingement syndrome, is currently rated at 20 percent. The evidence does not support a higher rating as the condition does not meet criteria for more severe impairment.

The Board found that the appellant's pre-existing scar of the right arm was not aggravated during service and denied his claims for service connection for various conditions.

The Board has granted a 20 percent evaluation for the veteran's left ankle contusion, effective February 3, 2006. The condition is characterized by daily pain, weakness, and stiffness with occasional swelling and giving way.

The veteran's claims for service connection for psychiatric disorders, tension headaches, left wrist strain, and lipoma of the right shoulder were denied as there is no evidence of a nexus to active duty or an undiagnosed illness.

The veteran's left knee and left shoulder disabilities have been granted service connection, but the VA has denied his claims for higher initial ratings.

The Board denied the veteran's claims for service connection and increased evaluation ratings, finding no current chronic left knee disability or compensable shoulder or thumb conditions. The onychomycosis of both feet was also not found to warrant a compensable rating.

The Board found that the veteran's left shoulder disability, which is rated at 40 percent under Diagnostic Code 5202 for fibrous union of the humerus on the minor side, does not meet or approximate the criteria for a higher rating due to lack of evidence of loss of the head of the humerus or nonunion of the humerus. The veteran's current 40 percent rating is considered appropriate.

The veteran's disabilities do not render him so helpless as to be unable to care for himself and perform tasks incident to daily living, nor does he require the regular aid and attendance of another person or qualify as housebound. Therefore, his claim for special monthly pension based on need for regular aid and attendance or housebound status is denied.

The Board has reopened the claim of service connection for left shoulder tendonitis, but denied the claim as there is no evidence of a current disability.

The Board denied an initial rating in excess of 20 percent for partial dislocation of the acromioclavicular joint of the left shoulder, finding that the current evaluation adequately reflects the veteran's disability.

The Board found that there is no competent medical evidence of a disability manifested by muscle pain, and thus denied the veteran's claim for service connection for this condition.

The veteran's appeals for service connection of the residuals of left shoulder injury, residuals of left ankle sprain, and an increased evaluation for the residuals of right shoulder injury/contusion have been REMANDED to the RO. The case will be returned to the Board after further development.

The Board found that the veteran's residuals of a cerebrovascular accident, including headaches, left eye disability, loss of sensation in the left shoulder and arm, fatigue, aching joints, foot disorder, and unsteady gait, were not caused or aggravated by VA care, negligence, lack of proper skill, error in judgment, or similar instance of fault.