Osteoarthritis (degenerative arthritis) decisions — 2002

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and clarifying whether he is also claiming service connection for additional back disability.

The veteran's claim for an earlier effective date for nonservice-connected disability pension benefits was granted, with the effective date set at September 15, 1997.

The Board has determined that the veteran's low back injury with degenerative arthritis, lumbosacral spine does not warrant a disability evaluation in excess of 40 percent.

The veteran's service-connected residuals of a left foot fracture are rated at 10 percent, effective from January 4, 1997. The Board found that the disability is more severe than reflected by this rating and granted an initial 20 percent evaluation.

The Board found that the veteran's current low back pain and osteoarthritis were not related to service, including a motor vehicle accident in 1962. The claim for service connection was denied.

The veteran's service-connected degenerative arthritis of the right hip was manifested by complaints of recurring pain, discomfort, and limited motion. The Board found that during the period from September 23, 1999 to April 10, 2000, the disability warranted a 20 percent evaluation.

The Board has determined that new and material evidence has been presented to reopen the claims for lumbar osteoarthritis and status post right herniorrhaphy, and service connection is granted.

The Board denied the veteran's claims for increased ratings for his lumbar strain, left ankle degenerative arthritis, and right ankle degenerative arthritis as they did not meet or approximate the criteria for a higher rating under applicable diagnostic codes.

The veteran's claims for increased ratings and service connection were denied. The thoracic strain with degenerative arthritis was evaluated at the maximum disability rating, while lumbosacral strain with degenerative arthritis received separate evaluations prior to May 10, 1999 and from that date onwards. Duodenal ulcer with hiatal hernia did not meet criteria for a higher than 20 percent evaluation. Bilateral hearing loss was found to be noncompensable.

The veteran's polyarthritis was granted service connection and assigned a 60 percent rating effective July 5, 1994. The RO subsequently reduced the rating to 20 percent for the period from July 5, 1994, to April 19, 1999.

The Board denied the appellant's claim for proceeds of Service Disabled Veterans' (RH) Insurance as the veteran did not file an application prior to his death and was never found to be mentally incompetent.

The veteran's right knee disability is currently rated at 10 percent, which fully reflects the impairment due to post-traumatic osteoarthritis with stiffness and fatigability.

The Board found no evidence of a spine disability in service or within one year post-service, and concluded that the current degenerative arthritis is not related to the veteran's neck injury during service. The claim for service connection was denied.

The Board has determined that the veteran's diagnosed bilateral osteoarthritis of the knees is not related to his service-connected bilateral weak/flat feet and thus denied his claim for service connection.

The veteran's claims for increased ratings for patellofemoral joint pain and osteochondritis dissecans of both knees, as well as his arthritis of the right knee, were denied. The RO had already granted separate 10 percent ratings for each knee due to their service-connected conditions.

The veteran's claim for a permanent and total disability rating for pension purposes was granted effective June 8, 2000.

The Board found that the veteran's osteoarthritis, multiple joints and polyarthritis of the knees, hands and ankles were not incurred in or aggravated by active military service. The veteran's current conditions are considered to be separate from his service-connected disabilities.

The Board has determined that the veteran's right shoulder, elbow, and hand disabilities are secondary to his service-connected right wrist disability.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for degenerative arthritis of the hips.

The Board has determined that the veteran's service-connected postoperative right distal fibula fracture residuals with osteoarthritis warrants a rating of 30 percent, effective from when the current 20 percent rating was assigned in February 1999.