Osteoarthritis (degenerative arthritis) decisions — 2003

The Board found that the veteran's current back problems are not related to his service, and thus denied his claim for service connection.

The Board dismissed the appeal because the veteran had died before a decision could be made on his claim for an initial rating in excess of 10 percent for status post fracture of the right knee with degenerative arthritis.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C. 1151 due to additional left knee disability resulting from surgery performed at a VA facility in July 1992, finding that it was not well grounded.

The veteran's left knee disability, characterized by post-operative residuals including pain and loss of motion with X-ray evidence of arthritis, is currently rated at 20 percent under Diagnostic Code 5258. The criteria for a separate rating of 10 percent for left knee arthritis under Diagnostic Code 5010 have been met.

The Board found that the veteran's current left knee disability is not related to an injury or disease in service, and thus denied his claim for service connection.

The Board dismissed the veteran's appeal due to his withdrawal of all issues except for the denial of an annual clothing allowance.

The veteran's appeal is about the rating of his low back disability, which was previously rated at 20 percent. The Board has determined that a new VA examination addressing the current severity of the condition and the updated criteria for rating spine disabilities are needed.

The Board granted an initial evaluation of 30 percent for degenerative arthritis of the left hip and a 10 percent evaluation for chronic allergic rhinitis. The claim for sinusitis/pharyngitis with cough was not addressed as it is considered part of the service-connected chronic allergic rhinitis.

The Board is remanding the case for additional development due to procedural issues, including a need for a VA examination and notification of the veteran.

The Board denied the veteran's claims of entitlement to service connection for a right hip disorder and a right foot disorder other than pes planus and plantar fascia, finding that there was no evidence showing these conditions were incurred in or aggravated by service.

The VA granted a temporary total evaluation for patellofemoral syndrome of the right knee from February 12, 2001 through March 31, 2001. The M&ROC then reduced this to a permanent 10 percent evaluation effective April 1, 2001. In June 2003, the VA granted an increased evaluation of 20 percent for right knee disability as of June 15, 2001.

The Board has granted service connection for cervical spine degenerative arthritis and lumbosacral spine degenerative arthritis, finding that these conditions originated during wartime service.

The veteran failed to report for a scheduled VA examination, resulting in the denial of his increased rating claims.

The Board has ordered further development due to pending issues regarding increased evaluations for the veteran's thoracic degenerative arthritis, low back pain with radiculopathy, and hypertension.

The veteran's claims for increased ratings and service connection were denied due to his failure, without good cause, to report for scheduled VA examinations.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for specific actions, including obtaining x-ray reports and arranging for an orthopedic examination.

The veteran's claim for a TDIU is being remanded due to the need to determine if he was entitled to this benefit during the one-year period preceding his March 19, 2001, claim. The RO increased his combined rating to 70 percent effective March 31, 2001.

The Board has determined that the veteran's service-connected left foot disorder, manifested by osteoarthritis and limited motion, more nearly approximates a moderately severe impairment. The disability picture is therefore granted a 20 percent rating.

The Board granted service connection for post-traumatic degenerative arthritis of the lumbar spine and exostoses of the lumbar spine, both linked to active service. The issues of skin cancers as secondary to Agent Orange exposure and an increased disability rating for a right inguinal hernia remain pending.