Osteoarthritis (degenerative arthritis) decisions — 2002

The veteran's degenerative arthritis of the lumbar spine, fatigue and multiple joint pain (arthralgia), and headaches are all found to be related to his military service. Service connection is granted for these conditions.

The Board denied an increased rating for the veteran's service-connected right ankle fracture with osteoarthritis, finding that his disability did not meet the criteria for a higher evaluation.

The Board denied service connection for a left knee condition and a back condition, finding that the veteran's conditions were not caused by his service-connected right knee replacement.

The Board has determined that the veteran's claimed right knee, hip, and spine disabilities are not service-connected. The chronic right knee disorder is considered to be a direct result of an injury in service, while the right hip and spine disabilities are not shown to have been present during or within one year after service.

The veteran's bilateral foot disability is currently rated at 30 percent, effective from May 1998. The Board finds that the current evaluation adequately reflects his symptoms and does not meet the criteria for an increased rating.

The Board denied the veteran's claims for service connection for osteoarthritis of the lumbar spine and peripheral neuropathy, finding that there was no evidence linking these conditions to his active service or any presumptive exposure.

The Board has granted a separate rating of 20 percent for ACL deficiency of the right knee prior to November 13, 2001 and assigned a separate rating in excess of 20 percent thereafter. The veteran's osteoarthritis of the right knee is rated at 10 percent.

The Board has determined that the veteran's degenerative arthritis of the spine and sciatica are not due to any injury or event in service, and therefore denied his claim for service connection.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The veteran's nonservice-connected disabilities, including right knee degenerative arthritis, cervical and lumbar spinal stenosis with degenerative joint disease, tension headaches, bilateral hearing loss, hemorrhoids, and alcohol dependence, do not render him unemployable due to his back and neck problems. His combined evaluation is 30 percent.

The Board denied increased evaluations for the veteran's service-connected left shoulder and right hip conditions, finding that the evidence did not support ratings in excess of 10 percent.

The veteran's claim for a higher rating and earlier effective date for his service-connected post-traumatic degenerative arthritis of the cervical spine is granted.

The Board denied the veteran's claims for increased ratings for residuals of a left ankle fracture with osteoarthritis and for an acquired flat left foot, finding that the evidence did not support higher evaluations.

The veteran's claims for service connection for dysthymia, obstructive sleep apnea (insomnia, day-time hypersomnolence, memory problems, difficulty concentrating), and herpes simplex were denied. The claim for increased rating for osteoarthritis of the lumbosacral spine was granted with a 40% disability rating.

The Board has determined that the veteran does not have degenerative arthritis of the cervical spine or degenerative joint disease of the right shoulder that was incurred in service. The claims are therefore denied.

The Board has remanded the case for further action, including scheduling a personal hearing at the RO.

The Board has denied the veteran's claims for service connection of degenerative arthritis of the right shoulder and right knee, finding that these conditions are not proximately due to or the result of his service-connected postoperative osteochondroma of the left femur.

The Board denied the veteran's claims for service connection for osteoarthritis of the knees and feet, a bilateral shoulder disability, and a total rating based on individual unemployability due to service-connected disabilities. The evidence did not support the veteran's assertions that his current conditions were related to his military service.

The Board has granted a rating of 60 percent for the veteran's service-connected degenerative arthritis of the lumbosacral spine effective September 11, 2000.

The Board has determined that the veteran's current lower lumbar condition is not proximately due to or the result of his service-connected right knee Osgood-Schlatter's disease, and therefore denied his claim for service connection.