Osteoarthritis (degenerative arthritis) decisions — 2004

The veteran's claim for nonservice-connected disability pension benefits is being remanded due to the need for additional development, including VA examinations and obtaining relevant medical records.

The Board found that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to her physical limitations.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate due to his non-service connected disabilities, finding that he is not in need of such benefits.

The Board has granted service connection for Ehlers-Danlos syndrome and remanded the issues of increased evaluations for DDD and osteoarthritis of the cervical spine and lumbar spine.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death. The appellant was denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318 and an initial rating in excess of 40 percent for residuals of lumbosacral strain with degenerative disc disease and degenerative arthritis.

The veteran's claims for increased ratings for his right knee disabilities are being remanded due to the need for additional medical examinations and development of records.

The Board has reopened and granted service connection for right knee osteoarthritis, arthritis of the right foot, and arthritis of the left foot. The claims were originally denied due to lack of evidence linking these conditions to service.

The Board denied the appellant's claims for an increased disability rating for bilateral hearing loss and service connection for osteoarthritis of the lumbar spine. The veteran was granted service connection for bilateral hearing loss, but not for the low back disorder.

The Board denied service connection for residuals of malignant melanoma of the abdominal wall and osteoarthritis, finding that there was no evidence linking these conditions to active duty service.,There is no medical evidence showing a link between the veteran's current osteoarthritis and her military service.

The Board has granted the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for an additional left knee disability, manifested by medial osteoarthritis and pes bursitis, as a result of surgery performed at a VA medical facility in July 1992.

The Board has determined that new and material evidence has been received to reopen claims for service connection for hemorrhoids, low back disorder (previously characterized as developmental anomaly of the lumbar spine), hypertension, edema of the feet, ankles, hands, abdomen, and face, diabetes mellitus, abnormal laboratory findings, fibromyalgia, lupus, multiple sclerosis, liver disability (to include cirrhosis), respiratory (lung) disability, osteoarthritis of the major and minor joints, eye disability, tremors of the upper extremities, carpal tunnel syndrome, Meniere's syndrome, headaches with dizziness, nausea, and lightheadedness, chronic Candida, low back pain with pain radiating into the hips (previously characterized as developmental anomaly of the lumbar spine), an acquired hamstring disorder, an acquired bilateral hip disorder, a bilateral knee disorder, and a bilateral elbow disorder. However, service connection is not established for any of these conditions.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or permanently housebound.

The veteran's right knee osteoarthritis and instability have been granted increased ratings, but the specific effective dates are not provided.

The Board denied the veteran's claims for higher ratings for his service-connected low back strain and tendonitis of the right foot, as well as his claim for service connection for scars on his right forearm. The RO assigned a noncompensable rating for the veteran's low back disability.

The Board has decided to remand the case for further development, including obtaining VA and private medical records from September 2001 to the present.

The Board has determined that the veteran's claim for service connection for major depression, secondary to his right shoulder injury, requires further development and review. The case is being remanded to determine the extent of any relationship between the veteran's current depression and his service-connected right shoulder injury.

The veteran's appeal is being remanded due to the need for a statement of the case on claims related to PTSD and peripheral neuropathy, as well as clarification regarding his preference for hearing type.

The veteran's flat feet with osteoarthritis are rated at 20 percent since May 13, 2003. His hypertension and DDD of the back remain at 10 percent ratings.

The Board has determined that the veteran's left and right knee disabilities were not incurred in or aggravated by service, nor may arthritis of the knees be presumed to have been incurred in service. The claim for a low back disorder was denied as new and material evidence had not been submitted sufficient to reopen it.

The Board denied the appellant's claims for DIC under 38 U.S.C.A. § 1151 and for service connection for the cause of the veteran's death, as well as her claims for increased evaluations for his service-connected foot disabilities.