Shoulder decisions — 2008

The Board has granted the veteran's petition to reopen his claim for service connection for residuals of a left shoulder injury. The underlying issue of whether he is entitled to service connection will be remanded for further development.

The Board has determined that the veteran does not have current diagnoses of left shoulder and right knee disorders, and there is no medical evidence linking these conditions to his military service. Therefore, the claims for service connection for residuals of a left shoulder injury and residuals of a right knee injury are denied.

The Board found no evidence of hypertension or arthritis of the arms and shoulders being incurred in service, nor did they manifest within a year after separation from service. The veteran's claims for these conditions were denied.

The veteran's appeal is remanded to the VAMC for issuance of a SOC regarding enrollment in a higher Priority Group for VA medical care benefits. The veteran and his representative are reminded that they must file a substantive appeal within 60 days of the issuance of the SOC.

The Board has remanded the claims due to conflicting medical opinions and insufficient evidence regarding service connection for multiple sclerosis and left shoulder disability. The veteran's VA examinations have been rescheduled.

The veteran's claims for higher initial ratings for right shoulder tendonitis, left wrist tendonitis, and right 5th metacarpal fracture with tendinitis have been granted. The current evaluations of 10 percent are the highest possible under applicable diagnostic codes.

The Board has decided to remand the case for further development, including a VA examination and consideration of the veteran's claim for service connection for residuals of his left shoulder injury.

The Board denied service connection for joint pain in the knees, legs, hips, hands, and shoulders (claimed as fibromyalgia) and assigned a noncompensable disability rating for GERD. The veteran's claim for an increased evaluation of GERD remains pending.

The veteran's right shoulder shell fragment wound residuals are rated at 30 percent, effective from the date of claim in November 2001. The left arm/elbow shell fragment wound residuals are rated at 20 percent, effective from April 2008.

The Board has determined that the veteran's left shoulder, right hand, and left knee disabilities are service-connected based on direct evidence of injury or disease during active duty.

The Board found that the veteran does not have arthritis in multiple joints to include his left shoulder, bilateral hands, lumbar spine, and left knee due to service. The sinusitis claim was denied as it is not proximately due to or the result of the service-connected residuals of shell fragment wound to the forehead.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right knee or left knee disability, nor did the medical evidence support separate diagnoses for left hip pain or shoulder pain. For bilateral hearing loss, the VA examination revealed normal hearing thresholds but noted symptoms consistent with PTSD affecting his ability to work.

The Board has decided to remand the case for further development, including obtaining medical records and verifying stressor events.

The Board has granted service connection for impingement syndrome of the left shoulder and denied claims for increased ratings for headaches and folliculitis.

The veteran's claim for service connection for a right shoulder injury is being remanded due to the unavailability of his service treatment records and the need for further examination.

The Board denied the veteran's claims for increased ratings for his paranoid schizophrenia and postoperative right shoulder dislocation, finding that the evidence did not support a rating in excess of 30 percent prior to March 5, 2002.

The veteran's claims for compensable ratings for fibrocystic breast disease and herpes, hypermenorrhea, and pelvic thromboplebitis to include headaches were denied by operation of law due to failure to report for a VA examination.,Claims for service connection for blurred vision, bilateral shoulder pain, and heart palpitations were also denied by operation of law as the evidence did not relate to unestablished facts necessary to substantiate these claims.

The VA denied the veteran's claim for a rating in excess of 20 percent for his service-connected postoperative residuals of right shoulder dislocation with degenerative changes, finding that at no time was his disability manifested by limitation of arm motion greater than to midway between the side and shoulder level.

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

The Board has remanded the case due to inadequate notice and missing National Guard service records. The veteran's claim for reopening his service connection claim is pending.