Shoulder decisions — 2010

The Board has determined that the Veteran's cervical spine and right shoulder disorders are related to his military service, leading to a grant of service connection for these conditions.

The Veteran's claim for service connection for a right shoulder disability is being remanded due to incomplete medical records and the need to clarify whether the current claims file is an original or rebuilt file.

The Board found that the psychiatric disorder was not incurred in or aggravated by service, and is not proximately due to, the result of, or aggravated by the service-connected right shoulder disability.

The Board has determined that the Veteran's left knee, left hip, lumbosacral spine, and left shoulder disabilities are not related to his service-connected right ankle disability. The evidence does not support a finding of secondary service connection for any of these conditions.

The Veteran's claims for increased ratings for his left shoulder, right wrist, and left wrist conditions have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's claims for higher initial ratings for right shoulder disability and dermatitis were denied. The Board found that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's left shoulder injury during VA physical therapy was not deemed to be the result of carelessness, negligence, or lack of proper skill on the part of VA. The Board found that the injury occurred as a result of an event reasonably foreseeable.

The Board has denied the Veteran's requests to reopen his claims for service connection for a broken jaw, leg scars, back problems, whiplash, bilateral shoulder injuries, chronic headaches, and chest pain. The evidence received since the May 1998 rating decisions is not new and material.

The Board has remanded the claims due to incomplete information and need for further development, including obtaining VA treatment records and scheduling a VA examination.

The May 2004 rating decision denying service connection for a right shoulder disability is final. The Veteran's claim of CUE in the May 2004 rating decision is based on impermissible theories, and new and material evidence has not been received to reopen his previously denied claim.

The Veteran's claims for service connection were granted, with the exception of those related to hearing loss and arthritis pain. The Veteran was also awarded initial evaluations in excess of 10 percent for certain conditions.

The Veteran's claim for service connection for arthritis of the neck, shoulders, and hands is being remanded due to ambiguities in the evidence regarding the nature of his disabilities and their relationship to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claims for right ear hearing loss, seborrheic keratoses of the head and back (claimed as the face), left knee disorder, bilateral hip disorder, and bilateral shoulder disorder. However, the claims are not granted on their merits due to lack of probative evidence.

The Veteran's right shoulder disability was evaluated at 20% prior to July 19, 2007. The Board denied the claim for an increased rating for his right shoulder disability. Service connection for bilateral knee disability was also denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical opinions and records related to his employment status and service-connected disabilities during a specific period.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the right shoulder degenerative joint disease was not incurred in or aggravated by service, and the left shoulder injury to include acromioclavicular joint calcifications did not warrant an initial rating in excess of 30 percent prior to January 13, 2003, from 40 percent after that date, or for a wrist ganglion cyst or thumb injury.

The Board has determined that the Veteran's low back disorder and right shoulder strain are related to service, granting service connection for both conditions.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Veteran's appeal was dismissed due to his withdrawal of the increased rating for tinnitus. The claims for service connection and disability ratings were denied, as well as the extension of special monthly compensation.

The Veteran's service-connected disabilities do not render her helpless as to be in need of the regular aid and attendance of another person, nor does she meet the criteria for housebound status.