Shoulder Board decisions

The Board denied an increase in the evaluation for the Veteran's right shoulder disability, finding that it did not meet the criteria for a higher rating since November 22, 2008.

The Board has remanded the case due to incomplete records and further development is required.

The Veteran's service-connected left shoulder disability is currently rated at 30 percent, but the Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a rating in excess of 30 percent.

The Veteran withdrew his appeals for increased ratings and service connection. The claims for prostate cancer as secondary to prostatitis were also withdrawn, but the Veteran's assertions regarding potential VA negligence in failing to diagnose or treat prostate cancer did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records from various VA facilities and an urgent care facility.

The Veteran's acquired psychiatric disorder is causally or etiologically related to service. The Board has granted service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities and determine whether any claimed conditions are related to service.

The Board has determined that the Veteran does not have any chronic residuals of concussion, bruised rib, hyperextension of the right knee, right ankle sprain, right small toe fracture, right broken collarbone/right shoulder disorder, right hip injury, cold weather injury to hands, or fractured nose. The claims are denied as there is no evidence linking these conditions to service.

The Board has denied the Veteran's claims for service connection for heart disability, bilateral shoulder arthritis, and bilateral hand arthritis. The claim for service connection for a colon disorder is not addressed in this decision.

The Board has determined that the Veteran's right shoulder disorder is not proximately caused or aggravated by his service-connected post-injury, metacarpals, index and middle fingers of the right hand. Additionally, the Veteran's current right index and middle finger disability does not meet the criteria for a compensable evaluation.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and low back disorder, finding that new and material evidence was not submitted to reopen these previously denied claims.

The Veteran's CFS, respiratory disability, heart disability, intestinal disability, bilateral shoulder disability, acquired psychiatric disorder (including depression and anxiety), headaches, arthritis of all joints, and fibromyalgia were not related to service.,Service connection for hypertension was granted but the rating assigned is noncompensable (zero percent).,The Veteran's lumbar spine strain with degenerative disc disease currently manifests as pain and minimal limitation of motion.

The Board has determined that the appellant is in need of aid and attendance due to her left shoulder disability, which requires help with bathing and household chores. As a result, she meets the criteria for special monthly pension based on the need for regular aid and attendance.

The Veteran's service-connected residuals of dislocation of the right (major) shoulder with degenerative joint disease are currently rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 5202. The Board denied an evaluation in excess of 30 percent.

The Veteran's service connection for multiple disabilities, including PTSD and hearing loss, was granted effective June 13, 2008. The effective date is based on the receipt of his VA Form 21-526 application in June 2008.

The Veteran's right shoulder disability is not service-connected under 38 U.S.C.A. § 1151 due to the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran does not have a current diagnosis for any of his claimed disabilities and therefore, service connection cannot be granted.

The Veteran's current left shoulder disorder is found to be causally related to service, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claims for service connection for hypertension, a cerebral vascular accident, and back disability with radiculopathy. The new evidence supports these claims by establishing that the conditions are related to active service.