Shoulder decisions — 2007

The Board has denied the veteran's claims for increased ratings and service connection for various conditions, including a lower back disability, right shoulder deformity, left knee disability, mild cortical deformity of the left medial malleolus, herpes, gum disease, right ankle condition, heart condition, and right knee condition. The reasons for denial are provided in the decision.

The veteran's service-connected residuals of a gunshot wound of the right shoulder with tendonosis were increased to a 10 percent disability rating effective June 13, 2006.

The veteran's appeal is being remanded for additional development at the RO level. The issues include seeking an effective date prior to January 22, 1997 for a disability evaluation and requesting an initial evaluation for his right shoulder condition.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for various conditions, including bilateral shoulder disability, right knee disability, right elbow disability, a disability of the right hand and fingers, lupus erythematosus, generalized degenerative arthritis, hypertension, Sjogren's disease, stomach disability, prostate disability, residuals of a fractured right forefinger, and residuals of an injury to the veteran's left side. The Board found that the evidence received since the February 2000 decisions is not new and material.

The Board has determined that the veteran's current right shoulder disorder is not related to service or any service-connected condition, and thus denied his claim for service connection.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA orthopedic examination.

The veteran requested to withdraw all issues on appeal, including the claim for service connection for a right shoulder disorder claimed as secondary to a service-connected left shoulder disability. The Board dismissed the appeal due to this withdrawal.

The Board denied the veteran's claims for increased disability ratings for his service-connected sinusitis, left shoulder disorder, and right ear hearing loss.

The Board has granted service connection for chloracne, secondary to inservice exposure to herbicide agents (Agent Orange). The veteran's other skin conditions are not shown during service or for over twenty years thereafter and are not linked to his military service. Service connection is denied for tinnitus and the low back disorder and hearing loss issues.

The Board has determined that the veteran's left shoulder, cervical spine, and knee disabilities are not service-connected. The lumbar spine disability is granted with a rating of 10 percent from July 22, 1999 to December 18, 2002; 20 percent from December 19, 2002 to April 19, 2004; and 60 percent thereafter. The veteran's frostbite of the feet is rated as 20 percent disabling for each foot.

The Board has denied the veteran's claims for service connection for bilateral knee and right shoulder conditions, finding that new evidence did not establish a nexus between his current disabilities and military service.

The Board denied the veteran's claims for service connection for right shoulder, lumbar spine, and stomach disabilities.

The Board has determined that the veteran does not have a right knee, back, hip, or shoulder disability that is attributable to military service.

The Board has granted service connection for a left face scar and degenerative joint disease of the left shoulder, finding that these conditions are related to the veteran's military service.

The veteran's desmoid tumor of the right pelvis is currently rated at 10 percent, and her TDIU claim was denied as her combined disability rating does not meet the schedular requirement for consideration under 38 C.F.R. § 4.16(a).

The Board has granted the veteran's motion to advance his appeal and remanded issues of service connection for a low back disorder, left hand disorder, right wrist disorder, bilateral elbow condition, and bilateral thumb disorder. The claims for reopening were also granted.

The veteran's claims for increased evaluations and TDIU were denied. The lumbar spine disability was granted a separate evaluation for mild incomplete sciatic nerve paralysis, left lower extremity through June 2, 2003.

The Board denied the veteran's claims for service connection for left shoulder rash, chest rash, chronic fatigue syndrome, and joint pain as they were not related to service or due to an undiagnosed illness.

The Board denied the veteran's claims for increased ratings and service connection, finding that new evidence did not establish a current disability or link to his service-connected right knee disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left shoulder disability. The Board also found that the veteran is entitled to service connection for this disability as it was incurred in active service.