Shoulder decisions — 2007

The Board denied service connection for muscle spasms of the neck and shoulders due to a lack of competent evidence of current disability.,The Board also denied service connection for migraine headaches as there was no competent evidence linking these symptoms to service.

The veteran's combined disability rating was not at least 100% for a period of 10 years immediately preceding his death, and he did not have a total disability evaluation based on individual unemployability for that same period. Therefore, the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The veteran's service-connected right fibula fracture and left knee strain are currently rated at the minimum levels. Service connection for lumbar and thoracic strains, as well as left shoulder strain, is granted.

The veteran's service-connected disabilities are of such severity as to render him unable to obtain or maintain substantially gainful employment, and the criteria for a TDIU have been met.

The Board has determined that the veteran incurred a pulmonary granuloma during service and granted service connection for this condition. The right shoulder disability claim was denied as there is no evidence of a chronic disability resulting from an in-service injury.

The Board has determined that the appellant's other than honorable discharge from service is a bar to VA benefits based on his third period of enlistment, which occurred between August 1978 and September 1980.

The veteran's claims for service connection and TDIU are being remanded due to the need for additional medical records.

The veteran's lumbosacral strain is rated at 10 percent, the maximum available under current criteria.,The psychiatric disorder (major depressive disorder and dysthymic disorder) is rated at 30 percent, which is the maximum available under current criteria. The RO increased this rating to 30 percent in November 1997.

The Board found that the appellant's left shoulder disability was not incurred or aggravated by active service, including his periods of Reserve duty. The evidence did not support a finding that he injured his shoulder during these periods.

The Board has denied the veteran's claims for initial compensable ratings for strained right (major) shoulder with slap lesion, lumbar strain, and bilateral tinea pedis as there is no evidence of arthritis or LOM in his right shoulder, full ROM in his back, or any pathology that would warrant a higher rating under the applicable diagnostic codes.

The Board found that the veteran's right shoulder disorder, which is currently rated as 10 percent disabling, does not warrant a higher evaluation.

The Board denied the veteran's claims for increased ratings for his right fourth metacarpal fracture, post-operative residuals of a right elbow injury, and residuals of a right foot injury. The claim for an increased rating for his right shoulder injury was not addressed in this decision.

The Board has determined that the veteran does not have present manifestations of a left shoulder disability, and thus, service connection for this condition is denied.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for recurrent right shoulder dislocations, thus the claim remains denied.

The veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and left shoulder arthralgia were granted, with a rating of 40 percent for the lumbar spine effective prior to November 22, 2005.

The Board finds that the veteran did not have any in-service injury or disease of the right upper cheek, right arm, hands, or right leg resulting from service. There is no current medical evidence of a disability related to these issues.

The veteran's arthritis of the cervical spine, shoulders, right hip, left hip, and knees are not service connected. However, his degenerative disc disease and spondylosis of the lumbar spine is currently rated at 10% from July 5, 2002 and increased to 40% from March 4, 2006.

The Board denied the veteran's claims for service connection and higher initial ratings for his right knee, bilateral shoulder conditions, and scar from a donor site. The veteran was not granted any new or material evidence to reopen his claim for patellofemoral syndrome of the right knee.

The Board has determined that the earliest possible effective date for the grants of service connection is January 24, 2001. The veteran's claim was received on this date and thus no earlier effective date can be granted.

The Board has remanded the claims for service connection due to incomplete notification and development needs.