Osteoarthritis (degenerative arthritis) decisions — 2004

The Board found that the veteran's degenerative arthritis of the cervical spine was incurred as a consequence of active service and is not related to his left-sided paralysis. The claim for left-sided paralysis remains denied due to lack of new and material evidence.

The Board denied the veteran's claims for evaluations greater than 20 percent for degenerative arthritis of his left and right knees, finding that the evidence did not support such a rating.

The veteran's claims for service connection for a gastrointestinal disorder and degenerative arthritis of the right ankle are remanded due to insufficient evidence.

The Board has denied the veteran's claims for service connection for diabetes mellitus, Type 1 as a result of exposure to herbicides and neuropathy of the feet and spine and degenerative arthritis of the entire spine.

The Board has determined that the veteran's osteoarthritis and peptic ulcer disease were not incurred in or aggravated by military service, nor may they be presumed to have been incurred therein.

The Board has remanded the case for additional development and adjudicative action due to issues related to service connection for osteoarthritis and degenerative disc disease of the cervical spine.

The Board granted a 20 percent evaluation for the left knee disability from July 1, 1998. A separate 10 percent evaluation was granted for degenerative arthritis of the left knee.

The veteran's claim for arthritis of the hands was denied as he does not have this condition.,Service connection was granted for post-operative residuals of a medial meniscal tear of the left knee with arthritis, and assigned a 10% evaluation effective October 1, 1994. The dorsal and lumbar spine disorder was recharacterized as arthritis of the lumbosacral spine with arthritis of the dorsal spine by x-ray evidence only, and assigned a 10% evaluation effective October 16, 1997.,Service connection for bronchial asthma was granted, and assigned a 30% rating effective October 1, 1994.

The Board found that the veteran's residuals of a service-connected right ankle fracture injury do not warrant a higher disability rating than ten percent.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the veteran's service-connected disabilities and their impact on his employability.

The Board found that the veteran does not have a lumbosacral disc syndrome related to service or due to, or aggravated by his service-connected osteoarthritis of the thoracolumbar spine. As such, the claim for an increased rating was denied.

The veteran's appeal involves two issues: a request for an increased rating for bursitis of the right shoulder prior to August 22, 2003 and another for IVDS and degenerative arthritis of the lumbosacral spine as of that date. The decision is mixed, with some aspects granted and others not.

The veteran's appeal is being remanded for additional development and to ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 are completed.

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

The Board has remanded the case due to incomplete development of evidence and a need for further examination.

The Board found no evidence to support the veteran's claim of service connection for a back disorder, including as secondary to bilateral pes cavus. The Board concluded that the current lumbar spine pathologies are not shown to have been acquired in service or caused by a service-connected disability.

The Board denied the claim of secondary service connection for a right knee disorder, finding that there is no evidence showing that the service-connected left knee disability caused or aggravated the right knee condition.

The veteran's claims for increased ratings for his right great toe and right knee disabilities are being remanded to the RO for further development, including additional examinations and consideration of new evidence.

The Board has remanded the veteran's claims due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA), as well as the need for a VA examination to address the etiology and severity of his right knee disabilities.

The Board denied an initial disability rating in excess of 40 percent for the veteran's low back disorder, finding that the evidence did not warrant a higher rating under the old criteria. The current rating of 40 percent is considered appropriate based on severe limitation of motion and pain.