Osteoarthritis (degenerative arthritis) decisions — 2002

The veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment considering the impairment from the disabilities and his educational and occupational background. The requirements for a TDIU rating have not been met.

The veteran's lumbosacral strain with degenerative arthritis warrants a 40 percent rating. A separate 10 percent rating is assigned for the arthritis of the thoracic spine.

The veteran's claim for an increased evaluation for degenerative arthritis of the lumbar spine was denied, as his condition is currently rated at 40 percent.

The Board has determined that the veteran's claims for increased ratings and service connection are mixed, with some issues granted and others not. The right knee disability is rated at 20%, but there are separate issues regarding left knee, left ankle, and right ankle disabilities.

The Board found that the veteran's service-connected left fifth metatarsal fracture and associated degenerative arthritis do not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claims for service connection for deflection of nasal septum and osteoarthritis of the feet, finding that there was no evidence of a pre-existing condition worsening during service or any other new conditions incurred in service.

The RO denied service connection for additional back pathology and granted an increased rating for low back strain, but the veteran is seeking a higher rating and earlier effective date.

The veteran's service-connected right knee chondromalacia patella, prostatitis, allergic rhinitis with sinusitis, and history of otitis media/externa are rated at their maximum levels. The RO increased the rating for the right knee from noncompensable to 40 percent.

The Board found no evidence to support service connection for degenerative arthritis of the lumbosacral spine, as it was not incurred or aggravated by active service. The veteran's current condition is attributed to post-service injuries and osteoporosis.

The veteran's left knee disability, including the residuals of a left knee medial meniscectomy and osteoarthritis with pain on motion prior to September 8, 1998, has been granted increased evaluations.

The veteran's claims for increased evaluations and initial evaluations in excess of 20 percent were denied as the evidence did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board has granted initial evaluations of 10 percent for degenerative arthritis and instability of the left knee, effective May 21, 1993.

The Board found that the veteran's liver injury with massive abdominal hemorrhage pre-existed service and is not considered to have been aggravated by service. The other conditions were either not shown during service or are not presumed to be related to service.

The Board has assigned the highest possible schedular disability rating (40 percent) for degenerative arthritis of the lumbosacral spine due to severe limitation of motion, and denied higher ratings based on ankylosis or other criteria. The initial rating for degenerative arthritis of the left hip is 10 percent.

The veteran's claim for an increased rating for his service-connected right ankle disability was granted at 10 percent effective June 9, 2001. The current evidence does not support a higher evaluation based on the degree of limitation of motion or functional impairment.

The veteran's appeal is being remanded for additional development, including a VA examination and consideration of whether separate ratings should be assigned for limitation of motion and instability in his service-connected right knee disorder. The issues of entitlement to an increased rating and extension of a temporary total disability evaluation are also being referred back to the RO.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and spinal stenosis, finding that the disability did not warrant a rating higher than 20 percent prior to August 16, 1996, or any rating greater than 40 percent on and after that date.

The Board found that the veteran's left hip disability, including degenerative arthritis, was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's service-connected and 38 U.S.C.A. § 1151 disabilities substantially contributed to his death from congestive heart failure, which was the immediate cause of death.

The Board denied the veteran's service connection claims for cervical spine, left knee, and right hip disabilities as there was no evidence of in-service injury or disease.