Shoulder Board decisions

The Board has remanded the case due to incomplete development and the need for additional medical opinions regarding service connection claims.

The Board determined that the veteran did not submit new and material evidence to reopen his claims of service connection for left thumb and left hand disabilities, as all submitted evidence was cumulative and redundant.

The Board has determined that the veteran's neck disability, diagnosed as degenerative disc disease and degenerative joint disease causing spinal stenosis at C5-6 and C6-7, and herniated nucleus pulposus at C5-6, was incurred in active service. The Board found that it is at least as likely as not related to the veteran's head injury sustained during service.

The veteran's postoperative residuals of a right shoulder injury with resection of the distal clavicle are rated at 20 percent, reflecting mild arthritis and limited motion.

The Board has determined that the veteran's postoperative residuals of bursitis of the right shoulder do not warrant an increased evaluation beyond the current 10 percent rating.

The Board has vacated the remand portion of its November 30, 2000 decision and consolidated the development with the ongoing process at the Board.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to the combined rating of his nonservice-connected disabilities not meeting the threshold for a total disability rating.

The Board has denied an increased rating for the veteran's service-connected gunshot wound to the left shoulder, currently rated at 40 percent.

The Board has denied the veteran's claims for service connection for a right shoulder disability and an increased rating for residuals of a hamstring injury, right little finger fracture, and right ring finger fracture. The veteran's right hamstring injury is currently rated as noncompensable due to slight muscle injury, while his right little and ring finger fractures are both rated as noncompensable.

The veteran is seeking increased ratings for his service-connected neck and right shoulder disabilities. The RO has not considered the neurologic component of these disabilities in adjudicating the current rating assignments, so further development, including an examination to clarify all symptoms and determine which are related to the veteran's service-connected disabilities, is warranted.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's claim for higher special monthly compensation (SMC) based on anatomical loss or loss of use of both hands was denied as he does not have loss of use of either hand, and his function is better than what would be expected if the hands were amputated with a prosthesis.

The veteran's service-connected right thigh and left shoulder disabilities do not warrant an evaluation in excess of the current ratings, and his combined disability rating does not render him unemployable.

The Board found that the appellant's bilateral pes planus was not incurred in or aggravated by military service and denied his claim. The right shoulder arthritis was rated at 10 percent, which is the maximum rating available under Diagnostic Code 5203.

The Board has determined that the veteran's left shoulder disability, characterized by recurrent dislocation with frequent episodes and guarding of all movement, warrants a 30 percent evaluation.

The Board has granted service connection for a left hand disability incurred during active duty, but denied the claim for a right shoulder disability. The veteran is advised of his right to appeal this decision and file a Notice of Disagreement if he disagrees with it.

The Board denied service connection for a neck disorder and a right shoulder disorder, finding no current disability and insufficient evidence to establish a link between the disorders and service.

The Board denied service connection for atypical depression, arthritis of the right shoulder, and hyperlipidemia as they were not incurred or aggravated during the veteran's active duty.

The veteran was granted a total rating based on individual unemployability due to service-connected disabilities effective from August 3, 2002. The appeal is about establishing the appropriate effective date for this award.

The Board determined that the veteran did not file a timely application for Service Disabled Veterans' Insurance (RH) due to his incompetence at the time of filing.