Osteoarthritis (degenerative arthritis) decisions — 2003

The veteran's claim for an increased evaluation for generalized anxiety disorder is pending. The claim for service connection for osteoarthritis of the hands, claimed as swelling of the hands, remains pending. The claim for service connection for hypertension has been reopened and granted based on new and material evidence submitted by the veteran. The TDIU claim is pending.

The Board is remanding the case due to new evidence and procedural issues, including a request for more complete consideration of the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's request to reopen his claim for service connection for osteoarthritis of the lumbar spine, finding that no new and material evidence had been received.

The Board has ordered further development due to the need for additional medical records and examinations. The case will be returned to the RO for these actions.

The Board has denied the veteran's claims for increased evaluations for his service-connected left shoulder disorder and back strain with osteoarthritis of the lumbar spine, finding that the evidence does not support a higher evaluation.

The veteran's claims for service connection for degenerative arthritis of his left hip secondary to a shell fragment wound and for a total disability rating based on individual unemployability due to service-connected disability were both denied by the RO.

The veteran's right upper extremity neuropathy due to disc disease at C5 and C6 is rated at the maximum schedular rating of 70 percent, reflecting severe paralysis. The veteran's degenerative arthritis and disc disease at C5-C6 are also rated at the maximum schedular rating of 30 percent.

The veteran's appeal is being remanded for additional development of his service-connected right and left knee disabilities, including obtaining clinical records from the VA Medical Center in New Orleans and medical evidence used by the Social Security Administration.

The Board has granted the veteran's claims for service connection for chronic obstructive pulmonary disease, degenerative arthritis of the lumbar spine, and migraine headaches, finding that these conditions are related to his military service.

The Board found no current diagnosis of osteoarthritis in the veteran's right ankle, left ankle or left elbow. Therefore, service connection for these conditions was denied.

The Board has ordered further development in the veteran's claims for service connection for left knee degenerative osteoarthritis and hepatitis C. The case is being sent to the Board's Evidence Development Unit (EDU) for additional development.

The Board has determined that the appellant is not in need of regular aid and attendance or housebound, thus denying her claim for special monthly pension benefits.

The veteran's claims for increased ratings and TDIU were denied. The RO also did not address the veteran's claim for a total disability rating due to individual unemployability (TDIU).

The Board has denied the veteran's claims for service connection for low back and right arm/shoulder disabilities, finding no evidence of chronic conditions during or within one year after his military service. The claim for headaches due to head injury is pending.

The Board has remanded the case for additional development due to a failure to comply with VCAA requirements.

The Board denied DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not meet the criteria for entitlement, specifically due to his death not being caused by his own willful misconduct and not meeting the requirement of having a service-connected disability rated as totally disabling for at least 10 years immediately preceding death.

The Board has determined that the veteran's osteoarthritis, including of the left ankle and lumbosacral spine, hips, and knees, was incurred in active service. The RO previously denied these claims due to lack of evidence linking them to service.

The Board finds that the veteran's current diagnoses of osteoarthritis and DDD of the lumbosacral spine are related to his active service, as evidenced by multiple in-service incidents involving back pain and injuries. The VA examiner concluded that these conditions were incurred during service.

The Board has determined that the veteran's current back and right knee disabilities are not proximately due to or aggravated by his service-connected left knee disability.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and a VA examination to assess the severity of his right knee disability and determine if any left knee disorders are related to his service-connected right knee condition.