Osteoarthritis (degenerative arthritis) decisions — 2003

The Board has found new and material evidence to reopen the claim of service connection for Reiter's syndrome, also claimed as gout and degenerative arthritis. The veteran's current disability is attributed to his period of active service.

The VA denied a higher initial evaluation for the veteran's degenerative arthritis of the right knee, currently rated at 10 percent.

The Board has determined that the veteran's left knee disability, characterized as osteochondritis dissecans, warrants a 20 percent evaluation. The decision also notes the presence of degenerative arthritis in the left knee.

The VA has determined that the veteran's osteoarthritis of the neck with right shoulder pain does not warrant a rating higher than 10 percent, as it does not meet the criteria for more severe disability.

The veteran's initial claim for service connection for residuals of a left knee injury was denied in an August 1972 decision. The RO granted service connection and assigned a 10 percent rating, effective November 20, 1998, but the veteran did not appeal this decision. He now claims there was clear and unmistakable error (CUE) in the August 1972 decision.

The Board has determined that the veteran's service-connected conditions do not warrant a higher rating for any of the issues addressed.

The Board has granted a disability rating of 60 percent for the veteran's service-connected hypertrophic osteoarthritis, lumbosacral vertebra, which more nearly approximates pronounced intervertebral disc syndrome.

The Board has granted service connection for a right shoulder disability but denied the claim for an increased evaluation for pes planus due to the veteran's failure to report for VA examinations scheduled in conjunction with his claims.

The VA denied the veteran's request for a higher rating for his right wrist disability, maintaining it at 10 percent.

The veteran's stomach disorder, degenerative arthritis of the knees, and depression with cognitive disorder are presumed to have been incurred in service due to his deployment during the Gulf War. However, there is no evidence linking his breathing problems to service.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or being housebound.

The veteran's right knee disabilities are rated based on instability and arthritis, while his left knee disabilities are rated based on instability. The RO granted increased ratings for the right knee conditions but denied an increase in rating for the left knee prior to January 31, 2000, and granted a higher rating since that date.

The Board has determined that the veteran's degenerative arthritis of the cervical spine, lumbar spine, and left hip do not warrant a rating in excess of their current evaluations.

The Board has denied the veteran's claims of service connection for hearing loss and tinnitus due to a lack of timely filing of a substantive appeal. The RO previously denied claims of service connection for epididymitis, rhinitis, osteoarthritis of the cervical, dorsal, and lumbar spine, and sinus condition on final basis. New evidence received since previous denials is not sufficient to reopen these claims.

The Board has determined that the veteran's cervical spine disability warrants a 30 percent rating, reflecting significant limitation of motion and pain. The previous 10 percent rating is now considered inadequate.

The Board has remanded the case for further development to determine if there is a secondary relationship between the veteran's service-connected lumbar disc disease and his left hip disorder.

The Board has granted a separate 10% evaluation for degenerative arthritis in the left knee, but denied an increased rating for the veteran's service-connected left knee meniscal tear.

The Board denied the veteran's claims for restoration of service connection for right carpal tunnel syndrome, a temporary total convalescent evaluation following surgery in April 1992, and an initial compensable evaluation for degenerative arthritis of the right hand.

The veteran's claim for an increased rating for his degenerative arthritis of the left knee is being remanded to allow for a videoconference hearing before the Board.

The Board has denied the veteran's claim for an increased evaluation for his postoperative residuals of left knee osteochondritis, currently rated at 30 percent. The right knee disability remains at a 10 percent rating.