Osteoarthritis (degenerative arthritis) decisions — 2001

The veteran's claims for service connection for psoriatic arthritis, right knee disability evaluation, and lumbar spine disability evaluation were denied. Temporary total ratings under the provisions of 38 C.F.R. � 4.29 and 4.30 were also denied.

The Board is without jurisdiction to review the claim of entitlement to a rating in excess of 30 percent for osteoarthritis of the right hip, status post total hip replacement from March 1, 1997 due to lack of timely appeal. The veteran's claims for higher evaluations for his right shoulder disorder and scars have been adjudicated.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his complete service personnel records and reviewing them with a VA dermatologist and endocrinologist.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the nature of any current osteoarthritis of the spine and whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for bilateral pes planus.

The Board found that the veteran's claim for an earlier effective date was not valid, as his original claim of service connection for knee disabilities in 1994 had not been appealed within one year. The RO granted service connection and compensation for his knees on September 7, 2000, with payment effective October 1, 2000.

The Board has determined that the veteran's service connection claim for a low back disability is granted, as her current low back problems are considered to be related to her military service.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's cervical spine injuries, including whether they are related to service. The case will be returned for further action.

The Board has granted a waiver of recovery of the overpayment of VA improved death pension benefits in the amount of $3,569.00 due to severe financial hardship and reliance on SSA benefits.

The Board has denied the veteran's claims for increased evaluations for his left and right ankle disorders, as they are currently rated at 10 percent.

The veteran's service-connected traumatic arthritis of the left ankle has been evaluated as moderate, and a higher rating is not warranted.,The veteran's service-connected right knee disorder with degenerative arthritis has been evaluated as 10 percent disabling, and a higher rating is not warranted.,The veteran's service-connected right shoulder disorder has not been rated compensably.

The veteran's appeal for increased ratings and service connection was denied. The RO found that the left knee disability did not meet criteria for a higher rating, while the residuals of the Achilles tendon injury met criteria for a 20% evaluation.

The Board denied increased ratings for degenerative arthritis of the right and left knees, as well as bilateral pes planus with hallux valgus. The veteran's disabilities were rated at 10% each.

The VA denied an increased rating for the veteran's service-connected degenerative arthritis of the right ankle, currently rated at 20 percent.

The Board found that the veteran does not have additional left foot disability caused by VA hospital care or medical treatment, including surgeries in 1998.

The Board denied service connection for bilateral hearing loss and tinnitus, as well as the claim for disability of the feet claimed as residuals of frostbite. The evidence did not support a relationship between any current disabilities and service.

The Board has determined that the veteran's left knee disability, post-total replacement, does not warrant a rating in excess of 30 percent. The right knee degenerative osteoarthritis is also rated at its maximum allowable under VA guidelines.

The Board has determined that the veteran's degenerative arthritis of the lumbar spine with low back pain is not due to disease or injury incurred in service, and thus denied the claim.

The Board has determined that the veteran's service-connected right knee disability does not warrant a rating in excess of 20 percent for postoperative residuals, and a separate 10 percent rating is assigned for degenerative arthritis. The current ratings are found to be appropriate based on the evidence of record.

The Board found that the veteran's generalized osteoarthritis was not incurred in or aggravated by service, nor may it be presumed to have been. The evidence showed that his condition did not have its onset during service and was not otherwise related to service.

The veteran's service-connected osteoarthritis of the lumbar spine with L5-S1 spurring is currently manifested by back pain interfering with walking, sitting, standing, lying down, and sleeping. The RO denied an evaluation in excess of 20 percent for this condition.