Shoulder decisions — 2008

The Board has determined that the veteran's left shoulder disability, manifested by painful motion and recurrent dislocations of the scapulohumeral joint, warrants a rating of 10 percent from June 25, 2003 to May 31, 2006, and a rating of 20 percent starting from June 1, 2006.

The Board has determined that the veteran does not have current diagnoses for bilateral pes planus, right knee disability, or cervical spine disability. The claims of service connection for these conditions are denied.

The Board determined that additional disability was not the result of VA treatment within the meaning of the applicable law and regulations, thus denying compensation under 38 U.S.C.A. § 1151 for neurological deficits of the left leg and secondary injuries to the head, shoulders, back, and ribs.

The veteran's claim for service connection for cardiopulmonary disease was denied. The RO also determined that the veteran did not meet the criteria for an increased rating for his GERD, right shoulder disability, left shoulder disability, bilateral hearing loss, low back disability, degenerative joint diseases of the knees, costochondritis, tinnitus, and hemorrhoids.

The Board denied the veteran's claim to reopen his service connection for a left shoulder disability due to lack of new and material evidence.

The Board has granted service connection for hypertension secondary to the veteran's service-connected diabetes mellitus disability. The claim for pes planus was denied as new and material evidence had not been received.

The Board finds that the veteran's lumbar spine and right shoulder disabilities existed prior to his second period of active duty service, and they were not aggravated by such service. Therefore, these conditions are not considered incurred in or aggravated during service.

The Board has determined that there is no current evidence of a diagnosed condition for the claimed bilateral ankle, knee, shoulder, foot, and shin splints disorders. The veteran's asthma was not established as service-connected due to lack of current diagnosis.

The veteran's appeal is being remanded due to the need for a Board hearing. The issues of service connection for various conditions are pending.

The Board has determined that the veteran's right shoulder disability does not warrant an increased evaluation, and his claim for service connection of a cervical spine disability secondary to his service-connected right shoulder disability is denied.

The Board found that the veteran's left shoulder disorder did not have its onset in service and is not otherwise attributable to service. The right shoulder disorder was also denied as it did not have its onset in service or be otherwise related to service.

The Board has determined that the reduction in disability ratings from 10 percent to zero percent for left shoulder radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy was procedurally correct. The evidence showed improvement in these conditions.

The Board has determined that the veteran does not have PTSD and his left shoulder disability is not related to service or his service-connected chest scars. Therefore, both claims are denied.

The Board has reopened the veteran's claims of service connection for bilateral shoulder, cervical spine, and low back conditions. However, the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has granted service connection for the veteran's left shoulder disability and depression, finding that these conditions are related to his active duty service. Service connection for diabetes mellitus was not addressed due to lack of evidence.

The veteran's temporary total evaluation for convalescence following his right shoulder surgery was extended until August 23, 2004.

The Board has determined that the veteran's left shoulder disability does not warrant a rating in excess of 30 percent, as it does not meet the criteria for ankylosis or fibrous union of the humerus. The current 30 percent rating is appropriate given the limited range of motion and pain.

The Board has determined that the veteran does not have a left shoulder disorder that is causally or etiologically related to his military service and therefore denied his claim for service connection.

The veteran's claims for increased evaluations for his service-connected gunshot wound disabilities have been granted, with a 30 percent evaluation assigned for the right shoulder injury and noncompensable evaluations for the left chest injuries.

The Board found no evidence of a skin disease, muscle weakness, bilateral shoulder disability, or chronic fatigue syndrome that is related to the veteran's service-connected sarcoidosis. Degenerative joint disease of the knees, arms, elbows and spine was also not shown to be caused by or aggravated by his service-connected sarcoidosis.