Osteoarthritis (degenerative arthritis) decisions — 2004

The case is being remanded for further development due to the need for proper VCAA notice.

The veteran's lumbar spine disability was previously rated at 10 percent and later increased to 20 percent. The Board found that the disability warranted a rating of 40 percent from August 28, 1995 to the present.

The Board has reopened the veteran's claim for service connection for residuals of a back injury, including osteoarthritis. The evidence submitted since the 1993 denial supports the claim and is considered relevant to the issue.

The Board has determined that the veteran does not have current disabilities involving his hands, knees, wrists, or respiratory system as a result of service. The claims for these conditions are therefore denied.

The veteran's right knee disability is rated at 30 percent for status post right knee injury with anterior cruciate ligament tear and posterior horn medial meniscal tear, effective January 1, 2001.,Right knee degenerative arthritis is currently rated at 10 percent, effective April 26, 2003.

The Board has granted a full grant of the benefit sought as to the low back claim, finding that the veteran's chronic low back strain and degenerative arthritis are related to his service-connected left ankle disorder. The increased rating for residuals of a fracture of the left lateral malleolus remains at issue.

The Board has granted service connection for bilateral hearing loss, degenerative arthritis of the knees and ankles, sleep apnea, and dysthymic disorder (chronic depression) due to exposure in the Persian Gulf War. The veteran's conditions are presumed to be related to his military service.

The veteran's claims for higher ratings and service connection were denied as the evidence did not support a finding of additional disability due to his service-connected low back disorder.

The Board has determined that the veteran's posttraumatic osteoarthritis and peptic ulcer disease, which were presumed to have been incurred during his period of military service as a POW, caused or contributed substantially to his death. As such, the appellant is entitled to Dependency and Indemnity Compensation (DIC) based on a service-connected cause of death.

The Board has remanded the case due to incomplete medical records and a need for further examination regarding the relationship between the appellant's service-connected bilateral knee disabilities and his cervical spine disability.

The Board finds that the veteran's left knee condition did not have its onset during service or within one year of service, and thus denied his claim for service connection.

The veteran's right knee mild osteoarthritis is currently rated at 10 percent, and the Board found that a higher rating is not warranted.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence.

The Board has remanded the case due to procedural errors and the need for additional development, including obtaining medical opinions on service connection and rating issues.

The Board has granted service connection for osteoarthritis of the right knee. The veteran's claim for nonservice-connected disability pension benefits is also granted.

The Board has determined that the veteran does not have a current disability for which service connection can be granted. The claims of entitlement to service connection for hypercholesterolemia, dermatitis, reactive airway disease, osteoarthritis (save for right shoulder osteoarthritis), and erythema of the eyes are denied.

The Board denied the veteran's claims for service connection for ischemic heart disease, post-traumatic osteoarthritis, and emphysema. The VA medical records did not provide sufficient evidence to support these claims.

The veteran's claim for an initial disability rating in excess of 20 percent for his degenerative arthritis of the cervical spine is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with a VA examination to assess his right knee and left hand disabilities.

The veteran's claims for increased evaluations for his service-connected right knee disabilities are being remanded due to procedural defects in notification and development of evidence.