Wrist & hand decisions — 2008

The Board has remanded the case due to incomplete service records and needs further examination to determine if any current disabilities are related to service.

The Board has granted increased ratings for the veteran's cervical spine degenerative disc disease, post-traumatic headaches, and ganglion cyst of the left wrist. The veteran now receives a 20 percent rating for his cervical spine disability since August 13, 2003, a 30 percent rating for his headaches, and a 10 percent rating for his ganglion cyst.

The veteran's claims for higher initial evaluations of residuals from a right hamstring tear, irritable bowel syndrome with GERD, and right knee ACL reconstruction have been denied. The veteran is currently rated at 10 percent for these conditions.

The veteran does not have a current disability of the wrists, hips, right ankle, shoulders, left knee, or elbows that is related to his military service. He has tinnitus but there is no competent medical evidence linking it to his military service.

The veteran's right wrist disability is currently rated at 20 percent, but the Board found no evidence of limitation of pronation beyond the middle of the arc or fixed hand position. The claim for a higher rating was denied.

The Board denied the veteran's claims for increased ratings for his service-connected right wrist and elbow disabilities, finding that the evidence did not support a rating in excess of 20 percent for the right wrist condition or any compensable evaluation for the right elbow condition.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for his residuals of a shrapnel wound of the left wrist, finding that the evidence did not support a higher evaluation.

The Board has remanded the case for further development, specifically a VA examination addressing the etiology of the claimed disability. The veteran missed his scheduled VA examination and now requests rescheduling.

The veteran's claim for an increased evaluation of his right wrist disability was granted, effective September 1, 2004.

The veteran's service connection for chondrosis of the right scaphoid/carpal tunnel syndrome and left carpal tunnel syndrome has been granted, with ratings of 30% and 20%, respectively. The veteran is not entitled to higher evaluations for these conditions.

The veteran's claim for service connection for residuals of shrapnel wounds affecting the right hand and wrist, as well as leg scars, is being remanded due to a lack of proper notification for an examination. The RO must ensure all necessary development has been completed before further adjudication.

The Board found that VA did not fail to exercise the degree of care expected, and that the proximate cause of the veteran's right wrist/hand disability was not an event not reasonably foreseeable. Therefore, the criteria for compensation under 38 U.S.C. § 1151 were not met.

The Board denied the veteran's claims for service connection for left wrist scars, residuals of an appendectomy, and a psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Board denied service connection for arthritis of the left and right elbows, but granted service connection for bilateral hearing loss. The veteran's elbow conditions are not considered to be related to his military service.

The veteran's claims for service connection for various wrist, knee, ankle, and toe disabilities were denied. Service connection was granted only for a status post right ankle strain with X-ray changes of the tibia.

The veteran's child is not eligible for DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not receive a total disability rating for 10 years prior to his death. The veteran also does not qualify for nonservice-connected death pension benefits as he did not serve during a period of war.

The Board has denied the veteran's claims for service connection for bilateral thumb and right wrist disorders, finding no evidence of such conditions during or immediately following military service.

The VA determined that there is no current right wrist disorder and the veteran's symptoms are not related to her service. As a result, the claim for service connection was denied.

The Board has determined that the veteran's right shoulder and right wrist disabilities are not service-connected, as there is no evidence to support a direct or secondary relationship between these conditions and his military service. The claims were denied.