shoulder should be considered part of the arm. Keenan asks us to reach this question here.. Keenan’s second assertion, that the shoulder is a part of the arm under the meaning of the Act, effectively requires this Court to reject a line of cases holding that a shoulder injury is unscheduled. No Ninth Circuit decision has explicitly held that the shoulder is, or is not, part of the arm for the purposes of § 908(c)(1). Other circuits that have considered how to classify shoulder injuries under the Act have held that they are per se unscheduled, without deciding that the shoulder is not a part of the arm. See Pool, 206 F.3d at 545 (affirming the ALJ’s determination that a shoulder injury “does not come within the Section 8 Schedule”) (internal quotations omitted); Barker, 138 F.3d at 437 (<HOLDING>). This also seems to be the general practice of
holding that the govemment is not liable under the federal tort claims act for injuries to service members where the injuries arise out of or are in the course of activity incident to military service holding that injuries covered by the act are not limited to external traumatic injuries holding that the united states is immune from monetary damages for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service holding that injuries to the neck and shoulder are unscheduled holding that a municipal corporation may be liable for injuries resulting from its failure to keep the shoulder of a highway in repair