Osteoarthritis (degenerative arthritis) decisions — 2005

The veteran's appeal involves three issues: service connection for residuals of a sartorius muscle strain, a rating in excess of 10 percent for right hip degenerative joint disease, and an effective date prior to June 12, 2000, for the grant of service connection for right hip degenerative joint disease. The case is being remanded due to the need for additional medical examination and development.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to Muscle Group XII of the right leg do not warrant a rating in excess of 10 percent. However, giving the benefit of doubt and considering the evidence in equipoise as to whether post-traumatic osteoarthritis of the right knee is related to his service-connected condition, the Board has determined that a separate disability evaluation of 10 percent for this condition should be granted.

The Board has remanded the case for further development and reconsideration due to a previous denial of service connection for a left knee disability, including degenerative arthritis. The veteran's claim will be reviewed again with additional records from SSA and the Unemployment Commission of Monroe County, North Carolina.

The Board found that the veteran's current back disorder is more likely due to a workplace accident in 1988, not an in-service motor vehicle accident. As such, service connection was denied.

The VA denied the veteran's claims for increased ratings for his degenerative arthritis of the right and left knees, maintaining that the current ratings adequately reflect the severity of his disabilities.

The Board denied the veteran's claims for increased ratings for her degenerative arthritis of both knees, finding that the evidence did not support a higher rating.

The veteran's claims for higher ratings for his service-connected degenerative arthritis and scoliosis of the dorsal spine, as well as his irritation of the right brachial plexus muscle, were denied by the Board. The veteran was granted a 20 percent rating for the dorsal spine disability in April 2000.

The veteran's claims for increased ratings for his degenerative arthritis of the right and left knees are being remanded due to a need for further development, including obtaining an additional VA examination.

The Board has remanded the case for further development and consideration, including obtaining updated VA treatment records, scheduling an examination, adjudicating increased disability ratings claims, and readjudicating the TDIU claim.

The Board has determined that the veteran's tendonitis of the elbows, bilateral Achilles tendonitis, and degenerative arthritis of the shoulders, cervical spine, and lumbar spine are all service-connected.

The veteran's claims for service connection for pes planus, degenerative arthritis of the shoulders, cervical spine, elbows, wrists, hands, hips, knees and ankles, hypertension, and arteriosclerotic heart disease are all denied as these conditions were not incurred or aggravated by his active military service.

The Board has granted service connection for degenerative arthritis of the left wrist. The veteran's claim is being remanded to ensure proper notification and development regarding his other claims.

The VA denied an increased rating for residuals of fracture to the right femur, currently rated at 10 percent disabling. The veteran's hip disabilities are manifested by pain, weakness, giving way, and fatigue; deformity of the proximal femur secondary to healed prior trauma; osteoarthritis of the right hip and right sacroiliac joint; slightly decreased range of motion of the hip joint; slight limping gait with leg in external rotation. The VA found that these symptoms do not warrant a higher rating under applicable diagnostic codes.

The Board has determined that the veteran does not have a current disorder of the scrotum or osteoarthritis, and thus service connection for these conditions is denied.

The Board found that the veteran's claimed conditions are not related to his active service and denied all claims for service connection.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for an initial rating increase in excess of the assigned percentages.

The veteran's right and left knee disabilities are currently rated at 20 percent each for instability and subluxation. The RO has granted separate evaluations of 10 percent for degenerative arthritis in both knees, effective May 11, 2001.

The veteran's right ankle disability has been rated as 10 percent disabling since March 28, 1995. The Board found that the evidence did not support a higher rating.

The Board has granted service connection for a left knee condition as secondary to the service-connected left ankle disability. The veteran's degenerative arthritis of the left ankle is also found to be related to his service-connected left ankle disability.

The Board has determined that the appellant's disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound, as her conditions are not severe enough to require regular assistance or confinement.