Osteoarthritis (degenerative arthritis) decisions — 2004

The Board denied the veteran's claims for service connection for osteoarthritis of the hands and increased ratings for hypertension and tinnitus. The decision also noted that the veteran was receiving the maximum schedular evaluation for his tinnitus.

The veteran's low back syndrome, with degenerative arthritis and disc disease, is currently rated at 40 percent. The rating for left elbow bursitis remains noncompensable.

The Board found that the veteran's current low back disorders are not related to his military service and denied his claim for service connection.

The Board found that the veteran's current neck disorder, including degenerative arthritis of the cervical spine, began many years after service and was not caused by any incident of service. Therefore, the claim for service connection for residuals of a neck injury is denied.

The Board has determined that additional development is needed, including obtaining medical records and conducting a VA examination to assess the current severity of the veteran's right knee disability. The case will be remanded for these actions.

The Board has determined that the veteran's current osteoarthritis of the lumbosacral spine is a residual of an in-service low back strain, and therefore grants service connection for this condition.

The Board found that a chronic acquired right knee disorder was not incurred in or aggravated during active service and cannot be presumed for osteoarthritis. The claim is therefore denied.

The Board denied an evaluation in excess of 20 percent for the veteran's service-connected Muscle Group XVII injury, residuals of a shell fragment wound, right buttock. The claim for secondary service connection for osteoarthritis, right hip, was remanded to the RO.

The Board has determined that further action is required to comply with the VA's duty to assist in the development of the veteran's claim, including obtaining an examination and opinion addressing his contentions regarding his back disability.

The Board denied the veteran's claims for service connection of hypertension, osteoarthritis of the cervical spine, and brain disease due to trauma. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The veteran's appeal is being dismissed due to his withdrawal of claims for service connection for left knee disorder, hearing loss, tinnitus, fatigue, tiredness and lightheadedness due to an undiagnosed illness, and seasonal allergic rhinoconjunctivitis due to an undiagnosed illness. The claim for a higher rating for right knee disorder is being remanded for additional development.

The Board has determined that the veteran's current degenerative lumbosacral disease is likely caused by his service-connected left knee disability, and thus grants service connection for this condition.

The Board is remanding the case for further development, including obtaining VA and non-VA healthcare records, ensuring VCAA compliance, and arranging for a VA genitourinary examination.

The Board has remanded the case due to issues related to service connection for left knee disorder, including degenerative arthritis. The appellant was not provided with proper VCAA notice and the issue of new and material evidence is incorrectly identified in the rating decision.

The Board denied the veteran's claims for a disability rating in excess of 30 percent for partial neuropathy of the left peroneal nerve, service connection for a low back disability, and service connection for a left knee disability. The claim for residuals of a fracture of the middle finger of the right hand was not addressed as it is not related to service connection.

The Board has remanded the case for further development, including obtaining medical records and providing VCAA notice. The veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbosacral spine is being reviewed, as well as his intertwined claim for service connection for degenerative disc disease of the lumbosacral spine.

The Board has reopened the veteran's claim for service connection for a cardiovascular disability and is remanding the case to further develop the record, including obtaining missing service medical records and considering new evidence. The issues of service connection for diabetes mellitus, degenerative arthritis of both hands, and kidney disorder are also being remanded.

The Board has granted service connection for degenerative osteoarthritis of the left ankle and assigned a 10 percent disability rating, effective October 29, 2001.

The Board has granted a 20 percent rating for the veteran's residuals of right medial malleolus fracture with internal fixation. Regarding his cervical spine disorder, the evidence is in equipoise and thus favorable to granting service connection.

The veteran requested withdrawals of his appeals for service connection on multiple issues, including penetrating keratoplasty of the left eye, herpes zoster, and fatigue due to an undiagnosed illness. The appeal is dismissed.