Osteoarthritis (degenerative arthritis) decisions — 2005

The veteran's service-connected right elbow disability is rated at 50 percent, the highest available under the rating schedule.

The veteran's claims are being remanded for additional development, including scheduling a videoconference hearing. The specific issues include reopening service connection claims and determining eligibility for compensation under 38 U.S.C.A. § 1151.

The veteran's claim for a total schedular disability rating for traumatic osteoarthritis of the lumbosacral spine is granted, effective June 26, 1998. The claim of entitlement to a TDIU is dismissed as moot due to the grant of a 100 percent rating.

The Board found that the veteran's claimed conditions, including pneumonia (pleurisy), asthma, osteoarthritis of multiple joints, and heart disorder (hypertensive vascular disease) are presumed to have originated during his service due to exposure to tuberculosis. The veteran did not provide sufficient evidence to establish direct service connection for these conditions.

The Board has remanded the veteran's claims due to insufficient evidence and needs further examination for PTSD, left knee degenerative arthritis, foot fungus, and back injury.

The Board denied service connection for sterility and osteoarthritis of the hips, finding no competent medical evidence linking these conditions to military service.

The Board has granted service connection for the veteran's claimed bilateral knee disorder, an innocently acquired psychiatric disorder (depression), degenerative arthritis of the low back, and peptic ulcer disease. The right hand disorder is not currently addressed as it was withdrawn from consideration.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board found that there is no evidence of a right shoulder injury or disability during service, and the current diagnosis of osteoarthritis of the right shoulder first appeared decades after discharge. The claim for service connection was denied.

The Board has remanded the case for additional development, including notifying the veteran of the VCAA and scheduling an orthopedic examination to determine the nature and severity of his thoracic spine disability and to determine the etiology of his other spine disorders.

The Board has determined that the veteran's claimed conditions, including osteoarthritis of the lumbar spine, cervical spine, fibrocystic breast disease, chronic residuals of right inguinal and umbilical hernia repairs, and a sigmoid colon disability, are not related to service or secondary to a service-connected condition. The examiner opined that these conditions are unrelated to her service-connected bilateral knee disabilities.

The veteran's claims for increased ratings and TDIU were granted, with the TDIU effective from May 18, 2004. The rating for residuals of a gunshot wound to the right shoulder and arm was maintained at 20 percent, while the rating for dysesthesia of the right arm and forearm was increased to 20 percent as of February 5, 2003.

The veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of the claim as it is no longer in a pending state.

The Board finds that the veteran's cardiovascular disorder, including hypertension, is presumed to have been incurred in service. The other conditions (osteoarthritis, poor vision, and deafness) are not shown to be related to his military service.

The Board found that there is no competent evidence of a nexus between the veteran's current left hip disability and service, including manifestations to a compensable degree within one year of discharge from service. Therefore, the claim for service connection was denied.

The Board has determined that the veteran's service-connected chondromalacia, right knee, does not warrant a compensable evaluation. The claim for an increased rating for arthritis and limited motion of the left knee is also denied.

The veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected degenerative arthritis of the right knee and consideration of extraschedular evaluation due to employment impact.

The veteran's right knee disability is rated at 30 percent, and he has other service-connected conditions. The Board found that the evidence does not support a higher rating for his right knee condition or a TDIU based on his overall disabilities.

The Board found no evidence of a left ankle injury or disability during service, and the current left ankle disorder is not related to military service.

The VA denied the veteran's claims for increased ratings for his service-connected lumbar degenerative disc disease and osteoarthritis of the right foot. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.