Shoulder Board decisions

The Board has remanded the case for further development due to failure to provide proper notice and assistance under the Veterans Claims Assistance Act of 2000 (VCAA). The RO is required to issue a development letter consistent with VCAA requirements, conduct any necessary development, arrange for VA examinations, review the claims file to ensure compliance with remand directives, and readjudicate the issues.

The veteran's service-connected disability of a fractured left humeral neck with arthritis, status post total shoulder arthroplasty, is rated at 50 percent disabling. The Board has granted a total disability rating based on individual unemployability due to the veteran's inability to secure and follow a substantially gainful occupation.

The Board has ordered further development in the veteran's case due to pending issues and new evidence. The appeal is currently remanded for additional consideration.

The veteran's appeal is being remanded due to the receipt of additional evidence. The issue on appeal will be reconsidered with consideration of this new evidence.

The veteran's case is being remanded for further development, including obtaining additional evidence and affording the veteran a VA examination to assess his right shoulder disability. The RO must also issue a Statement of the Case regarding the denial of service connection for a neck disorder.

The Board denied the veteran's claims for increased ratings and TDIU due to service-connected disabilities, finding that his conditions did not meet the criteria for higher ratings based on current medical evidence. The veteran's nonservice-connected disabilities significantly impacted his ability to work.

The Board has determined that the veteran is not entitled to service connection for carpal tunnel syndrome, left shoulder disorder, neck disorder, right ankle disorder, low back strain, traumatic arthritis of the left knee, postoperative residuals of reconstruction of the lateral collateral ligaments of the left ankle with traumatic arthritis, gastroesophageal reflux disease (GERD), or hypertension. The veteran's service-connected disabilities are already in effect for his left knee and left ankle disorders.

The Board has granted a 50 percent disability rating for the veteran's right shoulder disability, which is currently rated under DC 4.71a, Diagnostic Code (DC) 5200 by analogy. The veteran's TDIU claim was also granted.

The veteran's appeal was limited to the issue of a rating for her postoperative right shoulder disorder. The RO denied an increased rating, resulting in a denial of her claim.

The Board has determined that the veteran's left shoulder disability warrants a 30 percent evaluation effective August 24, 2001, based on limitation of abduction to 25 degrees. Prior to this date, the evidence did not support an evaluation in excess of 20 percent.

The Board denied the veteran's claims for service connection for a chronic left shoulder disorder and chronic ureterolithiasis (kidney stones).

The Board denied the veteran's claims for service connection for left knee and right shoulder disabilities, as well as bilateral hearing loss. The Board found no evidence of such conditions in service or within one year post-service, and concluded that any current diagnoses are not related to military service.

The Board denied the veteran's claims for increased ratings for his right shoulder, left fifth finger, and right knee disabilities. The right shoulder disability was rated as noncompensable due to painful range of motion with crepitus. The left fifth finger disability did not meet criteria for a compensable rating under current VA guidelines. The right knee disability received a 10 percent initial rating.

The Board has denied the veteran's claims of service connection for bilateral shoulder disability, hypertension, hepatitis B and C, and a psychiatric disorder. The evidence did not show that any of these conditions were incurred in service or related to military service.

The Board dismissed the appeal due to a declaration of forfeiture against the veteran, which rendered moot the original claim for service connection.

The Board has granted the veteran's claim for service connection for a right shoulder disorder, finding that it is related to an injury during active service. The issues of increased ratings for major depression, residuals of a stress fracture to the right pubic ramus, and bilateral plantar fasciitis with Achilles tendonitis are remanded.

The Board has remanded the case to the RO for additional development and consideration of VCAA requirements.

The veteran's claim for an increased rating for his right shoulder separation was denied by the RO, and he is currently rated at 30 percent.

The Board denied an increased rating for the veteran's service-connected left thoracic outlet syndrome with instability of the left (minor) shoulder, finding that it did not meet criteria for a higher evaluation.

The Board has determined that the veteran's right shoulder disability is due to an automobile accident sustained during active service, and therefore grants service connection for this condition.