Shoulder Board decisions

The veteran's left knee and left shoulder disabilities have been granted service connection, but the VA has denied his claims for higher initial ratings.

The Board denied the veteran's claims for service connection and increased evaluation ratings, finding no current chronic left knee disability or compensable shoulder or thumb conditions. The onychomycosis of both feet was also not found to warrant a compensable rating.

The Board found that the veteran's left shoulder disability, which is rated at 40 percent under Diagnostic Code 5202 for fibrous union of the humerus on the minor side, does not meet or approximate the criteria for a higher rating due to lack of evidence of loss of the head of the humerus or nonunion of the humerus. The veteran's current 40 percent rating is considered appropriate.

The veteran's disabilities do not render him so helpless as to be unable to care for himself and perform tasks incident to daily living, nor does he require the regular aid and attendance of another person or qualify as housebound. Therefore, his claim for special monthly pension based on need for regular aid and attendance or housebound status is denied.

The Board has reopened the claim of service connection for left shoulder tendonitis, but denied the claim as there is no evidence of a current disability.

The Board denied an initial rating in excess of 20 percent for partial dislocation of the acromioclavicular joint of the left shoulder, finding that the current evaluation adequately reflects the veteran's disability.

The Board found that there is no competent medical evidence of a disability manifested by muscle pain, and thus denied the veteran's claim for service connection for this condition.

The veteran's appeals for service connection of the residuals of left shoulder injury, residuals of left ankle sprain, and an increased evaluation for the residuals of right shoulder injury/contusion have been REMANDED to the RO. The case will be returned to the Board after further development.

The Board found that the veteran's residuals of a cerebrovascular accident, including headaches, left eye disability, loss of sensation in the left shoulder and arm, fatigue, aching joints, foot disorder, and unsteady gait, were not caused or aggravated by VA care, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board denied an initial rating in excess of 20 percent for the veteran's left shoulder injury, status post Mumford procedure.

The Board has determined that the RO's January 2003 decision denying the reopening of the veteran's claim for service connection for a left shoulder disability is being remanded due to procedural errors in notifying the veteran about what constitutes new and material evidence.

The Board has reopened the veteran's claim for service connection of bilateral shoulder disabilities and remanded it for further development.

The VA denied an increased evaluation for the veteran's recurrent left shoulder dislocation, postoperative condition.

The veteran's claims for increased ratings for his right shoulder and left shoulder disabilities were denied as they did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied the veteran's claims for service connection for various conditions, finding no current disabilities and insufficient evidence to establish a link between his military service and any diagnosed conditions.

The Board denied the appellant's claims for increased evaluations for his lumbar spine, right knee, and left knee disabilities as well as a compensable evaluation for GERD. The appellant did not meet the criteria for any of these conditions.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's left shoulder disability and for a new examination.

The veteran's service-connected disabilities are not of such severity to preclude substantially gainful employment, and he does not meet the criteria for a total disability rating based on individual unemployability.

The Board has remanded the veteran's claims for service connection due to insufficient notice and development of records, including verification of his military service.

The veteran's claims for increased ratings for his left shoulder, right knee, and left knee disabilities have been granted.