Osteoarthritis (degenerative arthritis) decisions — 2006

The veteran's claim for an increased rating for his low back disability and initial rating in excess of 40 percent from September 23, 2002, for peripheral neuropathy of the left lower extremity was denied. Service connection claims for chronic fatigue syndrome and memory loss were also addressed.

The Board has remanded the case for further development and readjudication, including obtaining additional medical records and providing the appellant with proper notice.

The Board denied the veteran's claim for service connection as his current mid-lumbar spine osteoarthritis with a mild rotary scoliosis of the mid-lumbar spine is not related to his active military service or ACDUTRA.

The Board has granted a combined rating of 20 percent for the veteran's service-connected right knee chondromalacia patella, based on a formulation of 10 percent under Diagnostic Code 5257 and 10 percent under Diagnostic Code 5003.

The Board has granted a 10 percent disability rating for the veteran's degenerative arthritis of the left knee, effective from the date of the decision.

The veteran's claims for increased ratings for right eye macular degeneration and osteoarthritis of the lumbar spine were denied. The right eye disability is currently rated at 30 percent, while the lumbar spine disability remains at 20 percent.

The veteran's right knee disability was rated at 30 percent for instability and granted a separate 10 percent rating for pain and limitation of motion from February 4, 2002 to November 12, 2003. The Board found that the veteran maintained full range of motion in his right knee with complaints of constant pain.

The Board denied an increased rating for osteoarthritis of the left knee and right great toe, finding that the evidence did not support a higher rating.

The Board denied the veteran's petition to reopen his claim of service connection for a back disorder, including degenerative arthritis of the lumbar spine. The issue of service connection for prostatitis is addressed in the REMAND portion.

The Board denied the veteran's claims for a higher rating and TDIU due to his service-connected bulging disc/stenosis of L4-5 with degenerative arthritis, finding that the disability did not meet the criteria for a higher rating under VA's schedular guidelines.

The veteran's service-connected cervical spine disability is productive of pain and episodic muscle spasms, but does not result in severe limitation of cervical spine motion or limit to 15 degrees or less of flexion. The Board denied the claim for an initial evaluation in excess of 20 percent.

The Board found that the veteran's preexisting right hand injury was aggravated during active service and granted service connection for residuals, right hand injury. The initial disability rating for degenerative arthritis of the thoracic and lumbar spine, right elbow and hips remains at 20 percent.

The veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the current manifestations of his right shoulder and left knee disabilities.

The VA denied a higher disability rating for the veteran's service-connected degenerative arthritis of the lumbar spine, currently rated at 20 percent.

The Board has determined that the veteran is not entitled to an increased rating for his left knee disability, but he is entitled to a separate 10 percent rating for arthritis with limitation of motion as of December 2, 2004. The claim for an increased rating must be denied.

The Board denied service connection for a bilateral knee disorder, back disorder, and right ear hearing loss. Service connection was granted for left ear hearing loss and tinnitus.

The Board has remanded the case for additional development due to new medical records received by the RO. The veteran's claim of increased evaluation and her attempt to reopen a secondary service connection claim are both under consideration.

The Board found that the veteran's left knee disability, which is rated at 10 percent under Diagnostic Code 5010-5003 for arthritis due to trauma with X-ray findings, does not warrant a higher rating as there was no ankylosis or instability. The primary symptoms were joint pain and radiographic evidence of osteoarthritic changes.

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

The Board has granted service connection for gouty arthritis of the knees and gout, but denied service connection for a cervical spine disability. The veteran's claims are supported by credible testimony and supporting evidence regarding his knee and gout conditions, while there is no medical evidence linking any current cervical spine condition to service.