Osteoarthritis (degenerative arthritis) decisions — 2005

The Board denied the veteran's claim, finding that the purchase of 'medical marijuana' cannot be recognized as a deductible medical expense for purposes of qualification for VA nonservice-connected pension benefits due to federal law prohibiting its use.

The Board denied the veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding insufficient evidence to link his current disability to his period of service.

The Board found that the veteran's left wrist disability was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied the veteran's claim for special monthly pension based on need for aid and attendance due to his inability to require regular aid and assistance of another person.

The Board has determined that the veteran's lumbosacral strain with osteoarthritis is service-connected and warrants a 20 percent rating. The right knee disability, including instability, also meets the criteria for a 20 percent evaluation. However, arthritis of the right knee does not warrant an additional separate evaluation beyond the current 10 percent rating.

The veteran's appeal is remanded for further development to clarify the nature of his arthritis and its impact on employment.

The VA determined that the veteran's right shoulder disabilities, diagnosed as osteoarthritis and impingement syndrome, were not incurred in or aggravated by service. The Board found no evidence to support a connection between his current condition and his military service.

The Board has determined that the veteran's diabetes mellitus and bilateral osteoarthritis of the hips are not related to service, specifically cold exposure. Therefore, these claims have been denied.

The Board has determined that the veteran's current right leg, foot, ankle, knee and low back disorders are not related to his service. The pre-existing fractures did not worsen during service.

The Board denied the veteran's claims for service connection for degenerative arthritis of the left knee and an increased rating for residuals of left wrist fracture, but granted a compensable disability rating for bilateral hearing loss.

The veteran's claims for service connection and increased ratings were denied. The left knee disability was evaluated as 10 percent disabling, but the veteran sought higher ratings.

The Board denied service connection for residuals of an abdominal aortic aneurysm and denied initial ratings in excess of 20 percent for degenerative joint disease of the left knee and in excess of 10 percent for degenerative arthritis of the right hip.

The Board has determined that the veteran's degenerative arthritis and degenerative disc disease of the lumbar spine is related to service, warranting service connection. The claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. � 3.324 will be remanded for further development.

The veteran's ASHD is rated at 30 percent, and his degenerative arthritis of the lumbosacral spine is rated at 20 percent. The rating for ASHD remains unchanged, while a higher rating was granted for the lumbosacral spine.

The veteran's claims for service connection and increased ratings are being remanded due to inadequate VCAA notice, ineffective VA examination, and other procedural issues.

The veteran's claims for PTSD, back injury residuals, and right shoulder injury residuals were denied as there is no current evidence of these conditions. The Board also found that the arthritis in his back and right shoulder did not have its onset during service or within one year after separation.

The Board found that the veteran was at fault in creating the overpayment due to his failure to promptly report his receipt of benefits he was not entitled to. The Committee granted a partial waiver, reducing the overpayment from $8,484 to $2,000.

The Board has granted the veteran's claims of service connection for Parkinson's disease and osteoarthritis, finding that both conditions are related to his military service.

The veteran's postoperative bilateral fusion of the lumbar spine L4 to S1 with severe loss of motion, levoscoliosis, with spondylolisthesis grade I and degenerative arthritis is rated at 60 percent. The TDIU claim is also granted.

The veteran's degenerative arthritis of the lumbar spine is granted service connection. Parkinson's disease, hand and body tremors (not related to Parkinson's), and an acquired psychiatric disability are denied as not incurred in or aggravated by service.