Osteoarthritis (degenerative arthritis) decisions — 2007

The Board has determined that the veteran's back and bilateral hip disabilities are not related to his service-connected knee disabilities, and thus denied both claims.

The Board finds that the veteran's lumbar spine condition did not warrant a rating in excess of 10 percent prior to April 15, 2003. Therefore, an effective date earlier than April 15, 2003, for a 40 percent rating is denied.

The Board has denied the veteran's claims for service connection for chronic renal failure, right hip disability, and right knee disability. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The VA has determined that the veteran's osteoarthritis of the lumbar spine does not warrant an evaluation in excess of 20 percent, as it does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that a remand is necessary to obtain updated medical records, conduct VA examinations for the right knee and right hip conditions, and consider whether separate ratings are warranted based on limitation of flexion or extension.

The Board has determined that the veteran's chronic anemia, hypertension, and osteoarthritis are not related to his service-connected infectious hepatitis. The claims for service connection have been denied.

The veteran is found to be competent for VA purposes and does not meet the criteria for special monthly pension on account of need for aid and attendance or being housebound.

The Board denied increased ratings for the veteran's burn scars and service connection for secondary disabilities of his right hip and lumbosacral strain. The veteran's right thigh scar was rated at 20 percent, which is the maximum rating available under current VA regulations.

The Board denied the veteran's claim for a rating in excess of 20 percent for his lumbar strain and degenerative arthritis thoracolumbar junction, finding that the evidence did not support an increase in disability beyond what was already assigned.

The Board denied the veteran's claims for service connection for bilateral Achilles' tendonitis and for increased ratings for his left knee disability. The appeal was dismissed as the substantive appeal regarding the January 2002 rating decision on lumbar spine disabilities was not timely filed.

The Board has granted increased ratings for the veteran's knee disabilities, with a combined rating of 60 percent. The veteran currently receives a 30 percent rating for subluxation of the right knee and a 10 percent rating for osteoarthritis of the right knee. His left knee is rated at 30 percent for subluxation.

The veteran's claim for an increased rating for his service-connected left femur and left knee disabilities is being remanded to the RO for additional development, including obtaining SSA medical records.

The Board has determined that the veteran's currently diagnosed generalized osteoarthritis was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred. The claim for service connection is therefore denied.

The Board denied service connection for rheumatoid arthritis and osteoarthritis, but granted a 20% rating for diabetes mellitus. The veteran's current conditions are not related to his active military service.

The Board has determined that the veteran's status post left ankle fracture with degenerative arthritis more nearly approximates marked limitation of motion, warranting a disability rating of 20 percent.

The Board has reopened the claim for service connection for a lumbar spine disability and granted it. The veteran's current diagnosis of osteoarthritis is related to his military service, as evidenced by an affidavit from a fellow POW who witnessed injuries sustained during service.

The Board has determined that the veteran's degenerative arthritis of both hips, ankles, right knee, and back is likely due to his service-connected left leg shortening. The rating for a depressive disorder remains unchanged.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's appeal is remanded for additional development, including obtaining VA outpatient clinical records and scheduling the veteran for a VA spine examination to determine the current severity of her service-connected degenerative joint disease of the lumbosacral spine and any current cervical spine disorder.

The veteran's cervical spine disability is rated at 20 percent, effective from February 10, 2006. The right ankle and gastroesophageal reflux disease disabilities are each rated at 10 percent.