Osteoarthritis (degenerative arthritis) decisions — 2001

The Board of Veterans' Appeals has denied the veteran's claim for service connection for degenerative arthritis of the left knee as a residual of an inservice injury.

The veteran's claims for increased evaluations for osteoarthritis of the left wrist and bilateral knees, as well as his claim for mitral valve prolapse with severe mitral regurgitation, were denied. The veteran is currently rated at 10 percent for each affected joint under Diagnostic Code 5003.

The VA determined that the veteran's degenerative arthritis of the left hip warrants a 10 percent rating, which is the maximum available under current regulations.

The Board denied the appellant's claims for increased evaluations for his left and right knee disabilities, finding that they did not meet the criteria for an evaluation in excess of 20 percent for the left knee disability or a 10 percent evaluation for the right knee disability.

The veteran's claims for increased disability evaluations for his right knee disabilities have been denied as the evidence does not warrant an evaluation in excess of the current ratings.

The veteran is granted service connection for degenerative arthritis of the left hip as part and parcel of his service-connected degenerative arthritis of the right knee. The veteran's claim for an increased rating for degenerative arthritis of the right knee, currently evaluated at 10 percent disabling, is denied.

The Board granted the veteran's claims for increased evaluations for his service-connected post-operative stenosing tenosynovitis of the left wrist and osteochondroma of the left distal radius, currently rated at 10 percent. The lumbosacral spine injury with degenerative disc disease and osteoarthritis is also granted a 20 percent evaluation.

The Board finds that the evidence is in equipoise as to whether the veteran's current osteoarthritis of the right knee, including pain and swelling, is a residual of an in-service injury to the right knee. As there is an approximate balance of positive and negative evidence in this regard, the benefit of the doubt is given to the veteran.

The Board has denied the veteran's claim for service connection for painful joints of the knees as a chronic disability resulting from an undiagnosed illness due to lack of objective indications of such a condition.

The Board is remanding the case to determine if a noncompensable rating for the veteran's back disorder, which was aggravated by his service-connected bilateral knee disability, is appropriate. The RO must obtain all available medical records and schedule the veteran for an orthopedic examination to assess the current degree of disability over and above pre-existing conditions.

The Board denied the veteran's claims for service connection for a right shoulder disorder and PTSD, shell fragment wound scar of the right posterior chest wall, and fractured right tenth rib. The effective date for these grants of service connection was changed to March 5, 1997.

The appellant's total disability picture results in the need for regular and constant use of a wheelchair or other assistive device as a normal mode of locomotion. However, his service-connected disabilities do not result in loss of use of any extremity, thus he does not qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The veteran's low back disability, characterized as lumbosacral strain, is rated at 10 percent effective January 5, 1996 to August 20, 1996. The rating for the right herniated nucleus pulposus at L5-S1 with history of right leg numbness remains at 20 percent as of August 20, 1996. A 10 percent disability rating is granted for osteoarthritis of the knees and ankles effective December 1, 1996. The veteran's vagina cystocele and residuals of excised bilateral ganglion cysts are each rated at 10 percent.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the lumbosacral spine and other musculoskeletal issues. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim.

The Board has determined that the veteran's residuals of a simple comminuted left femur fracture do not warrant an evaluation in excess of 10 percent, as they are manifested by slight limitation of motion and no other significant disability.

The veteran's special monthly compensation at the housebound rate was granted from August 11, 1997 to September 30, 1998 due to his service-connected right total hip replacement. The appeal for this benefit is denied as of September 30, 1998.

The Board has determined that the veteran did not incur a bilateral shoulder disability as a result of active service. The claims for respiratory disorder, arthritis of the right knee, and gastrointestinal disorder have been reopened due to new evidence submitted since the previous final decision but remain denied.

The veteran's gout is currently stable with no significant functional impairment. He has degenerative arthritis of the hands and feet, but his service-connected gout does not result in any compensable disability.

The Board has granted service connection for hypertension, secondary to the veteran's service-connected PTSD and orthopedic conditions. The effective date is not specified as it was a grant of service connection.

The Board has remanded the case due to inadequate VA examinations and the need for additional testing, including an EMG.