Osteoarthritis (degenerative arthritis) decisions — 2007

The Board has determined that the veteran's osteoarthritis of the left shoulder, neck, and thoracic joint (chest and ribs) is not related to his service-connected injury to the thoracic muscles with resection of the fourth rib. As a result, compensation under 38 U.S.C.A. § 1151 for this condition has been denied.

The veteran's claim for increased evaluations of his right knee disability was denied. The Board found that the evidence did not support a compensable evaluation prior to August 9, 2006 or an evaluation in excess of 10 percent beginning August 9, 2006.

The Board has remanded the case for further action due to issues related to service connection and evaluations of the veteran's knee, back, left foot, and right foot conditions.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to conflicting opinions on whether the veteran's service-connected right knee disability caused or aggravated his left knee disability. The case is REMANDED for further action.

The veteran's claims for service connection for lumbar spine degenerative disc disease, arachnoiditis, bilateral leg condition, bilateral foot condition, cervical spine degenerative arthritis, right arm condition, and left arm and shoulder contusion have been denied. The Board found that new and material evidence had not been received to reopen the claims for cervical spine degenerative arthritis and residuals of left arm and shoulder contusion.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for right knee osteoarthritis. The issue is now considered on a de novo basis.

The veteran's left knee disability, including osteoarthritis and strain with patellar subluxation, is currently rated at 20 percent. He is also entitled to a separate 10 percent evaluation for arthritis of the left knee.

The Board has determined that the veteran's current left knee osteoarthritis is not related to his military service, and thus denied his claim for service connection.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination and issuing a supplemental SOC. The claim for service connection for osteoarthritis of the elbows is also being remanded.

The Board found no evidence of a back disorder in service or within one year after discharge, and the veteran's current back condition is not shown to be related to his military service. Therefore, the claim for service connection for a back disorder was denied.

The Board found that the veteran's osteoarthritis in both knees and shoulders was not incurred or aggravated by service, as there is no evidence of such during service. The medical opinions provided did not support a finding that the current conditions are related to service.

The veteran's claims for increased ratings and effective dates are being remanded due to the need for further development.,The veteran's claim for an increased rating for a gunshot wound of the left thigh is being remanded due to the need for further development.,The veteran's claim for an increased disability rating for above-the-knee amputation of the right leg, with phantom leg pain, is being remanded due to the need for further development.,The veteran's claim regarding CUE in a June 1969 rating decision that did not grant service connection for arthritis of the left wrist is being referred to the RO for adjudication.,The veteran's claim regarding CUE in a June 1969 rating decision that did not grant service connection for loss of sensation of the left hand is being referred to the RO for adjudication.,The veteran's claims for an effective date earlier than August 21, 2001 for the grants of service connection for arthritis of the left wrist and loss of sensation of the left hand are being remanded due to the need for further development.,The veteran's claim for a TDIU is being referred to the RO for adjudication.

The Board has not found new and material evidence to reopen the claim of service connection for degenerative arthritis of the lumbosacral and cervical spines, but has determined that some issues may be granted based on reopening.

The Board has determined that the veteran's service-connected right knee disability warrants a 20 percent rating, reflecting moderate impairment.

The veteran is seeking service connection for various conditions, including a hernia and psychiatric disorder, as secondary to his service-connected gunshot wound (GSW) injury. The VA is remanding the case for further development.

The Board has determined that the veteran's left hip and cervical spine disabilities do not warrant a higher disability evaluation based on current symptoms and medical evidence.

The veteran's death was not due to a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the required criteria for total disability rating.

The Board has determined that the veteran's left hip disorder was aggravated by active service, and therefore grants service connection for residuals of a posterior fracture-dislocation of the left hip.

The veteran's service-connected herniated disc at L5-S1 with osteoarthritis of the lumbar spine is currently rated as 20 percent disabling. The Board denied an increased evaluation, finding that his disability does not warrant a rating higher than 20 percent based on current symptomatology. Service connection for a left leg injury was also denied.

The Board has determined that new and material evidence was received to reopen the claim for service connection for a back disorder. The veteran's current back problems are found to be related to his active duty service.