Osteoarthritis (degenerative arthritis) decisions — 2007

The Board has reopened the veteran's claim of service connection for degenerative arthritis of the lumbar spine, cervical spine, and osteoporosis, all secondary to her service-connected pes planus. The claims are granted.

The Board found that the veteran's basal cell carcinoma and osteoarthritis were not incurred in or aggravated by his active service, and thus denied both claims.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are not service-connected as they were not shown to be related to his military service.

The veteran's claim for an earlier effective date for the grant of service connection for thoracic kyphosis with wedging of vertebrae and degenerative arthritis and Schmorl's node is denied as a matter of law.

The Board has determined that a compensable rating for hypertension is not warranted. The veteran's current 20 percent evaluation for degenerative arthritis of the lumbosacral spine and his 10 percent evaluation for right S1 radiculopathy are denied.

The veteran's degenerative arthritis and degenerative disc disease of the lumbosacral spine are currently rated at 40 percent, effective January 1, 2002. The residuals of a fracture of the left femur with arthritis of the left hip remain at 20 percent. The hearing loss in the left ear is rated as noncompensable.

The Board has reopened the veteran's claim for service connection for residuals of fracture of the right big toe with osteoarthritis and finds that new and material evidence has been received. The Board also finds that service connection is warranted based on direct evidence.

The Board has determined that the veteran's post-operative scar residuals of pilonidal cystectomy do not warrant a disability rating in excess of 10 percent, as they are tender and painful but cover an area less than 12 square inches.

The Board finds that an effective date earlier than May 27, 2004 for the grants of service connection for right and left knee degenerative arthritis is not warranted.

The Board denied increased ratings for the veteran's service-connected degenerative arthritis of the lumbar spine and cervical spine, as well as a compensable rating for tinea cruris. The claim to reopen a claim for service connection for oligospermia/infertility was also denied.

The Board denied increased evaluations for traumatic and degenerative arthritis of the left and right knees, respectively. The current ratings are 10 percent each.

The Board denied the veteran's claims for higher initial ratings and service connection for various joint pains, finding that his right knee disability was manifested by symptoms of pain, swelling, tenderness, crepitus, motion limited from 10 to 140 degrees when considering functional impairment, and arthritis confirmed by x-ray examination. There is no instability of the right knee joint.

The veteran's right knee Baker's cyst and left leg muscle condition were both evaluated, with the right knee receiving a 10% rating. The left leg muscle issue was denied.

The Board found no evidence of a bilateral knee disorder or mild degenerative arthritis of the hips that is etiologically related to service, including as secondary to service-connected back disability.,The veteran's low back disorder has been rated at 40 percent since June 1998.

The Board found that the veteran's osteoarthritis, left knee did not manifest in service or within one year of separation and could not be presumed to have been incurred therein. The evidence does not support a finding of direct service connection.

The veteran's appeal is REMANDED to the RO via the Appeals Management Center (AMC) for further action, including a VA examination to determine the nature and likely etiology of his claimed low back disability and any residual scars from his service-connected left thigh scar.

The veteran's appeal for increased ratings for his service-connected lumbar spine disability is dismissed as he has withdrawn the appeal. The lung cancer claim remains pending.

The Board has granted the veteran's claim of service connection for status post total left hip replacement due to degenerative osteoarthritis, finding that there is equipoise evidence and granting the benefit of doubt in favor of the veteran.

The Board found that the veteran's right wrist condition existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the veteran's bilateral knee disability, arthritis of hands, wrists, ankles, and feet, and high cholesterol were not incurred in or aggravated by active service.,Service connection for residuals of shrapnel wounds to the right shoulder disability is granted based on a combat injury during service.