Osteoarthritis (degenerative arthritis) decisions — 2003

The Board has determined that the veteran's current cervical spine degenerative arthritis was made worse by a fall during service, and thus grants service connection for residuals of a neck injury.

The Board found that the December 1967 rating decision was not clearly and unmistakably erroneous, and denied the veteran's request for an earlier effective date for his total disability rating based on individual unemployability.

The Board denied the veteran's claims for service connection for rheumatoid arthritis and an initial rating in excess of 10 percent for degenerative arthritis of the knees. The claim for increased evaluations for chondromalacia patellae of both knees was granted, but with separate ratings.

The Board has granted service connection for chronic osteoarthritis of the left thumb and post traumatic left shoulder arthralgia, finding that these conditions are related to injuries sustained during military service. Service connection for burn scars of the left arm is denied as there were no burns.

The Board denied the veteran's claims for initial evaluations in excess of 10 percent for degenerative arthritis of his right knee with a loose body and left knee. The RO assigned a 10 percent evaluation to each knee, effective October 1993.

The veteran's low back strain, including degenerative disc disease, lumbar stenosis, and degenerative osteoarthritis of the lumbar and sacral spine is rated at 60 percent since April 16, 1996. The thoracic spine disability is rated at 10 percent.

The Board has granted a 30 percent rating for the veteran's service-connected residuals of a crush injury to the right foot and ankle with degenerative arthritis, finding that these conditions more nearly approximate the criteria for a 30 percent rating than they do for a 20 percent rating.

The VA has granted a higher disability rating of 40 percent for the veteran's service-connected residuals of a right wrist fracture with osteoarthritis, effective from the date of this decision.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no evidence linking his current disabilities to service or any presumptive conditions.

The Board has granted service connection for irritable bowel syndrome, residuals of a left wrist injury, and chronic obstructive pulmonary disease. Service connection was denied for degenerative arthritis of the left hip, groin pull (claimed as groin disorder), arthritis (excluding left wrist and right foot), and skin rash classified as chronic, recurrent dermatitis mostly affecting the groin and lower abdomen.

The Board has granted a 30 percent rating for vasomotor rhinitis, finding that the disability picture more nearly approximates the criteria required for that rating. The veteran's lumbar spine degenerative arthritis is rated under Diagnostic Codes 6522 and 6523.

The veteran's claim for an increased disability rating for his service-connected lumbar paravertebral fibromyositis, discogenic disease at L4-L5, degenerative osteoarthritis of the spine, and chronic low back pain syndrome was denied as his condition did not warrant a higher evaluation.

The Board denied the veteran's claim for an increased rating for his service-connected low back strain with degenerative arthritis and spinal stenosis, currently rated at 20 percent.

The veteran's claims for increased ratings were granted, with a 10% rating assigned for each of the conditions. The left heel inversion was rated at 20%, and the left femur disability remains at 10%. The left tibia condition is still noncompensable.

The Board denied the veteran's claims for service connection for back, left shoulder, and right shoulder conditions due to a lack of competent evidence linking these disabilities to his military service.

The veteran's postoperative residuals of a left knee meniscectomy and arthroscopy were rated at 20 percent prior to September 29, 2000. His arthritis was also rated at 10 percent during the same period.

The Board has determined that the veteran's postoperative residuals of a right ACL repair warrant a 20 percent evaluation, effective from August 23, 1994, to March 3, 1999, and from May 1, 1999. Additionally, a separate 10 percent rating is assigned for degenerative arthritis of the right knee since October 22, 1998.

The veteran's claim for service connection for a right hip disorder, claimed as degenerative arthritis of the right hip, is remanded due to insufficient development and failure to comply with VCAA.

The RO must prepare a formal rating decision that complies with the opinions of the office of the General Counsel, separately rating the veteran's limitation of motion and instability. The case is remanded for this purpose.

The Board found that the veteran was not exposed to ionizing radiation during service and his degenerative arthritis of the lumbar spine, with lumbosacral strain, and COPD are not related to service. The claims for service connection were denied.