Shoulder Board decisions

The Board has remanded the case due to a failure to provide proper notice and scheduling for a hearing. The veteran's appeal is now pending again.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance or housebound status.

The Board denied service connection for an acquired psychiatric disorder, neuropathy of the legs, residuals of cold injury to the upper and lower extremities, and degenerative arthritis (joint pain in the right shoulder and legs).

The Board found that the preponderance of evidence is against granting service connection for type II diabetes mellitus due to lack of exposure to Agent Orange during service. The veteran's gastroesophageal reflux disease, hypertension, hemorrhoids, degenerative disc disease of the lumbar spine, and impingement syndrome with history of tendonitis of the left shoulder are currently rated as 10 percent each.

The Board has determined that the veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment, and thus grants a TDIU.

The veteran's claim for an increased evaluation for degenerative arthritis of the lumbar spine was granted, with a rating of 40 percent effective April 18, 2006. The claims for service connection for bladder cancer and squamous cell carcinoma were also granted.

The Board has determined that the veteran's left shoulder sprain and residuals of a clavicle fracture do not meet or approximate the criteria for a rating higher than 10 percent.

The Board has determined that there is no competent evidence of current left shoulder, back, or knee disabilities. The veteran's claims for service connection are denied.

The Board has determined that the veteran does not have a current diagnosis of hypertension, left shoulder disorder, or left ankle disorder related to his periods of active military service. As such, these claims for service connection are denied.

The Board found that the veteran's claimed conditions were not incurred or aggravated during service and did not develop as a result of an established event, injury, or disease. The claims for service connection were denied.

The veteran's appeal is being remanded for additional development, including VCAA compliance and a new VA examination to assess the severity of his right shoulder disability.

The Board has denied the veteran's claim for service connection of a right shoulder condition as secondary to his service-connected residuals of a left shoulder injury due to lack of competent medical evidence linking the current right shoulder condition to his service-connected disability.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling VA examinations. The issues of service connection and increased rating are pending.

The Board denied the veteran's claims for increased ratings and service connection, finding no new and material evidence to reopen his numbness of the right arm claim. The low back disability was rated at 40 percent, with no higher rating possible under current criteria.

The Board has determined that the veteran's appeal for an increased rating for his cervical spine disability was timely filed. The current evaluation of 20 percent is found to be appropriate based on moderate limitation of motion.

The Board has remanded the veteran's claims for further development due to a lack of compliance with previous remand instructions.

The Board has granted service connection for a disability of the left forearm, manifested by a scar and weakness. Service connection was denied for cervical spine, left shoulder, and headaches.

The Board denied the reopening of a claim for service connection due to lack of new and material evidence, as no information provided since the 1997 decision relates to an unestablished fact necessary to substantiate the veteran's claim.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the veteran's claims for a schedular rating in excess of 40 percent for his right shoulder injury and entitlement to an extraschedular rating, as well as denial of temporary total ratings based on physical therapy treatment. The appeal is REMANDED.