Shoulder decisions — 2010

The Veteran's claims for earlier effective dates were denied as the evidence did not show that any of his service-connected disabilities warranted an earlier effective date than November 9, 2007.

The Veteran's initial claim for a compensable rating for cervical spondylosis was denied. Service connection for low back, right shoulder, and eye disorders were also denied. Tinnitus and bilateral hearing loss were not related to service.

The Veteran's right shoulder disability is granted service connection. The left shoulder and cervical spine disabilities are pending due to inadequate examination reports.

The Veteran's claims are being remanded for further development, including obtaining his service personnel records and scheduling him for VA examinations to assess the nature, extent, onset, and etiology of his claimed conditions. The claims will also be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 for Persian Gulf War service.

The Board found that the veteran's residuals of a gunshot wound to the right shoulder, involving Muscle Groups I and IV, produce no more than severe impairment, which does not meet the criteria for an evaluation in excess of 40 percent.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her right shoulder impingement syndrome, right knee injury residuals, and left knee injury residuals. The RO must also obtain all relevant VA treatment records from August 2007 to the present.

The Board has determined that the Veteran does not have current diagnoses of a right foot disorder, right shoulder disorder, or left wrist disorder. The claims for service connection for these conditions are denied.

The Veteran's appeal has been withdrawn, resulting in the dismissal of his case.

The Veteran's claim for a higher rate of SMC based on need for aid and attendance is denied as the disability requiring such assistance is due to his service-connected residuals of poliomyelitis, not separate disabilities.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disability, which arose out of a single accident and currently rated at 60 percent disabling.

The Board in February 1950 denied a higher rating for the right shoulder and assigned a 10 percent rating for the left shoulder scar, effective October 6, 1949. The Veteran's representative argues that the correct application of the existing law would have resulted in a separate compensable rating for residual scarring from the gunshot wound of the right shoulder and an earlier effective date for the award of a separate 10 percent rating for a left shoulder scar as a residual of the gunshot wound.

The Veteran's appeal is being remanded due to the need for further evaluation of his service-connected lumbar spine disability and consideration of his claim for a total rating based on individual unemployability. The issue of an increased evaluation for the Veteran's service-connected lumbar spine disability is inextricably intertwined with the issue of his entitlement to a total rating for compensation purposes.

The Veteran's claims for higher ratings for right and left shoulder disabilities were denied as the evidence did not meet the criteria for a rating in excess of 20 percent for the right shoulder disability or an initial rating in excess of 10 percent for the left shoulder disability.

The Veteran's appeal is being remanded for further development, including a VA examination and the acquisition of additional medical records.

The Veteran's service-connected right elbow, shoulder and wrist disabilities are being remanded for additional examination to determine their current severity.

The Veteran's left shoulder disability was rated at 10 percent prior to January 7, 2010 and increased to 20 percent effective from that date. The Board found the initial rating of 20 percent warranted for the period before January 7, 2010 but denied a higher evaluation.

The Veteran's right shoulder disability is being remanded for additional development to determine if it was aggravated by service.

The Veteran's claims for service connection were denied as there was no evidence of a nexus between the claimed conditions and his military service.

The Board found no evidence of cold weather injuries to the neck, shoulders, or low back during service and concluded that current disabilities are not related to in-service exposure. Service connection for these conditions was denied.

The Veteran's bilateral knee arthritis, PTSD, stress fracture of the left third metatarsal, left shoulder impingement with rotator cuff tendonitis, and right shoulder impingement are all found to be related to his military service. The claims for evaluations have been granted.