Shoulder decisions — 2010

The Veteran's appeal for an initial rating higher than 20 percent for his left shoulder disorder and service connection for a cervical spine disorder as secondary to the left shoulder disorder were both denied. The Board found that the evidence did not show that the Veteran's left shoulder disorder met or approximated the criteria for a higher evaluation.

The Veteran's claims for increased ratings for his service-connected right lower extremity and right shoulder disabilities have been denied. The evidence does not show a disability that meets the criteria for a rating in excess of 10 percent or 20 percent, respectively.

The Veteran's bilateral shoulder strains are manifested by limitation of motion, but the Veteran is able to raise both arms above the shoulder level. The criteria for an initial disability rating in excess of 10 percent have not been met.

The Board has decided to grant a waiver of recovery for the overpayment in the amount of $3,441.14 due to the Veteran's incarceration.

The Board found that the Veteran's bilateral shoulder and hip disabilities are either due to service or associated with other already service-connected conditions, granting service connection for these disabilities.

The Board has remanded the case for further examination and development to determine if any of the Veteran's joint pain is related to his service, including potential Gulf War exposure.

The Veteran's claim to reopen his right shoulder disability was denied as new and material evidence had not been submitted.,The Veteran's request for an earlier effective date for the award of a 10 percent evaluation for scars, status post laparotomy and abdomen, base of anterior neck, chest, left lower leg, and right upper arm was also denied.

The VA determined that there is no current right shoulder disability and denied the Veteran's claim for service connection.

The Veteran's claims for service connection for left shoulder and left hip conditions have been denied as there is no competent medical evidence showing a current disability or in-service injury that resulted in these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claims for service connection for bilateral shoulder, knee, and ankle disabilities due to a lack of evidence showing these conditions were incurred during active service or as a result of a service-connected disability.

The Veteran's claims for increased ratings and effective dates were denied. The cervical spine disability was rated as 20% prior to September 17, 2002 and 40% thereafter. The wrist injury with ulnar neuropathy and right shoulder strain were both rated at 10%. No earlier effective date was granted for the service connection of right shoulder strain.

The Veteran's left shoulder disability was not incurred or aggravated by service, and the Board finds that it is unrelated to any in-service injury. The evidence does not support a finding of direct service connection.

The Veteran has withdrawn his appeal for all issues related to service connection.

The Veteran's right shoulder disability, identified as subacromial bursitis, was established as service-connected. However, there is no evidence of a current upper back disability that existed during his active service.

The Board has granted service connection for a cognitive disorder and denied the other claims of service connection.

The Board denied the Veteran's motion to revise a July 18, 2006 decision granting a 20 percent rating for his service-connected left shoulder arthritis on the grounds of clear and unmistakable error.

The Board denied the Veteran's claims of entitlement to service connection for tooth loss, bilateral hearing loss, back disability, right shoulder disability, and traumatic brain disease. The decision also addressed whether new and material evidence had been received to reopen previously denied claims for these conditions.

The Board has remanded the case for further development due to the need to obtain medical records from the USPHS and National Archives.

The Board found that the Veteran's right shoulder disability did not meet or approximate the criteria for a 20 percent evaluation, as there was no actual functional impairment of the joint. The current 10 percent rating under Diagnostic Code 5003 is maintained.