Osteoarthritis (degenerative arthritis) decisions — 2001

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for multiple disabilities of the spine, including degenerative disc disease, osteoarthritis, disc herniation, and sciatica. The Board also found that these conditions are causally related to service.

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.

The Board has determined that the veteran's low back disability, which includes pronounced symptoms of intervertebral disc syndrome and degenerative arthritis, warrants a 20 percent evaluation.

The veteran's disabilities do not render her unable to care for her daily personal needs without assistance from others, or unable to protect herself from the hazards and dangers of daily living on a regular basis. The RO denied entitlement to special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound.

The Board has remanded the case due to new legal requirements and the need for additional development of evidence.

The Board found that the veteran's hypertension and degenerative arthritis of the lumbar spine were not incurred or aggravated by his military service.

The Board has denied the veteran's claims for increased ratings for thoracic spine degenerative arthritis, right knee degenerative arthritis, and left knee degenerative arthritis. The issues of entitlement to a compensable rating for thoracic spine degenerative arthritis have been addressed.

The veteran's mallet finger deformity of the right index, ring, and little fingers is currently rated as 10 percent disabling. His postoperative residuals of a right knee injury are also rated at 10 percent since December 15, 1999. The appeals for service connection for cardiovascular disability, head injury, and arthritis have been denied.

The Board denied an increased evaluation for osteoarthritis of the left ankle, finding that it did not warrant a rating in excess of 10 percent at any time during the appeal period.

The Board granted service connection for a left ankle strain secondary to the appellant's service-connected fractures of the left tibia and fibula. The claim for increased evaluations was denied, but the TDIU claim was granted.

The veteran's service-connected right thigh disability and PTSD are rated appropriately, with the right thigh receiving a 10% rating and PTSD receiving a 50% rating from May 21, 1991. The peptic ulcer disease is not addressed in this decision.

The veteran's appeal is for a higher rating for his service-connected right knee disability, which has been rated at 30 percent. The RO needs to obtain more recent medical records and schedule the veteran for an orthopedic evaluation to determine if he should be entitled to a higher rating.

The VA determined that the appellant's right knee disability, which includes arthritis and some instability, does not warrant a rating higher than 20 percent.

The Board dismissed the appellant's appeal due to a defective substantive appeal.

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

The veteran's service-connected degenerative arthritis and disc disease of the lumbar spine, with left sciatic radiculopathy, status post diskectomy, left L4-L5 and L5-S1, is currently rated at 60 percent. This rating reflects pronounced symptoms including pain, muscle spasms, weakness, and limited range of motion.

The veteran's PTSD is rated at 50 percent, effective from July 1, 1997. The claim for an earlier effective date for TDIU benefits was granted and effective as of May 21, 1997.

The VA has denied increased ratings for the appellant's service-connected left wrist and right knee disabilities, currently rated at 10 percent each.

The veteran's degenerative arthritis of the thoracic spine does not cause any limitation of motion.,The veteran has been granted the maximum schedular rating available for his degenerative arthritis of the lumbosacral spine, and thus an increased rating claim must be denied based on a lack of entitlement under the law.,The veteran's spondylosis and degenerative disc disease of the cervical spine have also been granted the maximum schedular rating available, resulting in a denial of his increased rating claim for this condition.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy of the lower extremities is related to his service-connected lumbosacral spine disorder.,The combined disability rating of 70 percent assigned from June 19, 1997 was correctly calculated by the M&ROC using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.