Shoulder decisions — 2007

The Board has determined that the veteran does not have a current low back injury, and his service-connected plantar fasciitis, left foot, residuals of shell fragment wound, right leg, bicipital tendonitis, left shoulder, and septal deviation, status post septorhinoplasty, do not warrant increased ratings.

The veteran's appeal is being remanded for scheduling a personal hearing with a visiting Veterans Law Judge.

The Board denied the veteran's claims for service connection for chronic leukopenia, dislocation of the right shoulder and partial clavicle removal, residuals of a right wrist fracture, and genital herpes due to lack of available service records and insufficient evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for ankylosis of the spine and right drop shoulder, as well as his claim for a higher rating for his service-connected right peroneal neuropathy.

The Board has denied the veteran's claims for service connection for a bilateral knee disability, irritable colon system, left hernia scar, right hernia scar, residuals of left 3rd and 4th metacarpal fractures, tendonitis of the right shoulder, and left elbow olecranon bursitis. The Board also denied the veteran's claim to reduce his disability rating for removal of the left testicle with erectile dysfunction.

The Board denied the veteran's claims of service connection for a chronic sinus disorder and cervical spine disorder, as well as his requests for increased ratings and an earlier effective date for his 40 percent rating for his service-connected left shoulder disability. The Board found that new evidence submitted since the April 2002 decision did not relate to an unestablished fact necessary to substantiate the claim for a cervical spine disorder, and denied all other claims.

The veteran's claims for increased ratings for his left shoulder disability and right inguinal hernia surgical scar were denied as the evidence did not support a higher rating under applicable VA regulations.

The Board denied service connection for left shoulder and right knee disorders, finding no evidence of such conditions during service. The claim for reopening the neck disorder was also denied.

The Board has determined that the veteran's claimed disabilities, including right ankle disorder, left ankle disorder, right knee disorder, low back disorder, right shoulder disorder, left shoulder disorder, migraine headaches, tinnitus, and a disability manifested by vertigo, were not incurred or aggravated during his period of active duty service. The evidence does not support a finding that any of these conditions are related to service.

The Board denied the veteran's claims for increased ratings for his service-connected cholelithiasis, post cholecystectomy, and right shoulder impingement syndrome. The RO had previously granted these conditions a 30 percent rating and a 10 percent rating respectively.

The Board denied all service connection claims, finding that the veteran's claimed disabilities were not incurred or aggravated by his active duty service.

The Board has denied the veteran's claims for service connection for a right shoulder disability and a cervical spine disability, finding that there is no evidence of an in-service injury or disease that caused these conditions. The preponderance of the evidence does not support a finding of aggravation by service or incurrence due to the 1998 motor vehicle accident.

The veteran's left shoulder tendonitis is rated at 20 percent disabling since January 28, 2004. The other conditions are either not compensable or have been granted increased ratings.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of current disabilities or that any present conditions are related to service.

The Board finds that the veteran's current neck and shoulder pain, including his diagnosed degenerative joint disease of the cervical spine, is not related to his military service. The evidence does not support a finding of service connection for these conditions.

The veteran's claim for non-service-connected pension purposes was denied as his conditions did not meet the criteria for a permanent and total disability rating.

The Board denied an initial disability rating in excess of 20 percent for postoperative degenerative arthritis of the right shoulder and a right hand disorder secondary to this condition.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of a right total shoulder arthroplasty performed at VA in April 1996, and his claim is being remanded to consider new regulations.

The veteran's claims for increased ratings and service connection were denied. The Board found that the preponderance of evidence did not support a grant of benefits in any of the issues.

The veteran has withdrawn his appeals for all issues, including the evaluation of chondromalcia patella, service connection for brain damage, and claims under 38 U.S.C.A. § 1151 for viral infection and right shoulder injury.