Shoulder decisions — 2007

The veteran withdrew his appeal prior to the Board's decision, leaving no issues for further consideration.

The Board denied service connection for bilateral arm, hand, right leg, right shoulder, and neck disabilities due to lack of evidence showing a nexus between these conditions and the veteran's active military service.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the VA medical treatment did not result in additional disabilities, and there was no evidence of fault on the part of VA.

The Board denied the veteran's claim for an earlier effective date for service connection of left shoulder disability in July 1971, and this decision was final. The RO reopened the claim on September 29, 2003, based on new evidence, but assigned a September 29, 2003 effective date as it is later than when the claim to reopen was received.

The Board denied service connection for arthritis of the hips, back, shoulders, and arms. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The veteran's service-connected right shoulder disability was granted a 20 percent evaluation for the period April 30, 2001 to May 31, 2002 and a 40 percent evaluation beginning June 1, 2002.

The Board has granted service connection for arthritis of the shoulders and knees, as well as degenerative joint disease of the hips. The veteran's complaints during active service were noted, and subsequent medical records support these diagnoses.

The veteran's right shoulder disability, characterized by recurrent dislocation and guarding of arm movements, is rated at 30 percent. His right knee disability, with slight subluxation and painful motion, is rated at 10 percent. A separate 10 percent evaluation for the right knee disability under Diagnostic Code 5261 has also been granted. The effective date for service connection of a scar on the right shoulder was established as October 9, 2003.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The specific issues of service connection are still pending.

The veteran's left ankle sprain is currently rated at the noncompensable level.,The veteran's status post vasectomy with vasovasectomy and orchipexy secondary to a retractable right testicle was properly rated at the 10 percent level from March 1996.,The veteran's L5 nerve root irritation with a history of lumbosacral strain and narrowing of L4-L5 is currently rated at the 20 percent level, effective March 1996. The appeal for an increased rating remains denied.,The veteran's degenerative joint disease of the right shoulder was properly rated at the noncompensable level.

The veteran's claims for service connection on the merits are being remanded due to new and material evidence grounds. The RO must ensure all notification and development actions required by VCAA are fully satisfied, including providing notice consistent with Dingess/Hartman v. Nicholson.

The Board denied the veteran's claims for service connection for left shoulder, right leg, and cervical spine disabilities due to a lack of competent medical evidence linking these conditions to his military service.

The veteran's claims for service connection have been granted for hypertension, depression, and arthritis of the left shoulder. Other claims remain pending.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for his left shoulder strain, status post arthroscopic acromioplasty and distal clavicle incision.

The Board has denied the veteran's claim for service connection for sleep apnea, including as secondary to his service-connected prostate cancer, COPD, low back strain, and right shoulder disorder.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The veteran's appeal is being remanded for additional development to address the service connection claims and other issues. The case will be returned to the Board after completion of these tasks.

The Board found that the veteran's chronic low back disorder and left shoulder disorder, including degenerative joint disease (DJD), were incurred during his military reserve duty. Service connection was granted for these conditions.

The Board has determined that the veteran's service-connected conditions, including spondylolisthesis, L4-S1; scalp folliculitis; and left shoulder tendonitis, do not warrant an increased evaluation. The current evaluations for these conditions are either non-compensable or unknown.

The Board has determined that there is no competent or persuasive evidence linking the veteran's right shoulder strain to any incident of service. The VA examiner did not link his current right hip pain, associated with meralgia paresthetica, to any remote incident of service.