Osteoarthritis (degenerative arthritis) decisions — 2007

The veteran's claims for service connection for various conditions, including diabetes mellitus type II, bilateral eye disability, heart disease, hypertension, arthritis, COPD, dental condition, and colitis, were denied as they are not considered radiogenic diseases or presumptively related to exposure to ionizing radiation during service.

The Board denied service connection for osteoarthritis of the right shoulder and acne with actinic keratosis and scars, including as due to Agent Orange exposure. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has remanded the veteran's claims of entitlement to service connection for osteoarthritis of various joints and entitlement to TDIU due to incomplete evidence, including a lack of x-rays from his May 2004 VA examination.

The Board has determined that the veteran's low back disability, manifested by degenerative disc disease and osteoarthritis of the lumbar spine, is not due to any event or incident of his service. Therefore, the claim for service connection is denied.

The Board has determined that the veteran's claimed shoulder and elbow disabilities are not related to his active duty service, including an in-service electric shock accident. The VA examiner found no causal relationship between the in-service 'shock' and later onset of the conditions.

The veteran's claim for an increased disability rating for degenerative arthritis of the lumbodorsal and lumbosacral spines is being remanded due to incomplete examination findings.

The veteran's claims for service connection for bilateral hearing loss, a bilateral skin disorder of the hands, and degenerative arthritis of the back were denied. The evidence did not support a finding that any current conditions are related to military service.

The veteran is entitled to special mode transportation due to his service-connected disabilities and medical necessity.

The Board has granted service connection for bilateral foot disorders and diabetes mellitus type II, finding that the veteran's current conditions are at least as likely as not secondary to his in-service foot problems. The effective date of the grant of service connection is set at December 21, 1995.

The Board found that the veteran's polyarthritis, diagnosed as osteoarthritis based on x-ray findings of the DIP joint of the ring finger of the right hand and the DIP joints of the index and long fingers of the left hand, does not meet the criteria for an evaluation in excess of 20 percent. The disability is rated under Diagnostic Code 5229 (previously 5225) due to limitation of motion of the affected fingers.

The veteran's claims for increased evaluations for osteoarthritis of the right hand, left hand, and right knee have been denied as there is no evidence of service connection or exposure to any presumptive conditions.

The Board has determined that the veteran's back disability, degenerative arthritis of the lumbosacral spine, was not incurred in or aggravated by service. The current condition is unrelated to a disease, injury, or event of service origin.,Arthritis of the right hip and left hip are not currently shown.

The Board found that it was not factually ascertainable prior to November 16, 2004 that the veteran was permanently and totally disabled due to his service-connected conditions. Therefore, the effective date for non-service-connected disability pension cannot be earlier than November 16, 2004.

The veteran's lumbosacral spine disorder, which was initially rated at 10 percent prior to February 17, 2006, has been increased to a maximum of 40 percent effective February 17, 2006.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the VA medical treatment did not result in additional disabilities, and there was no evidence of fault on the part of VA.

The Board has remanded the case for further development due to missing service medical records and an inadequate VA examination.

The veteran's bilateral foot strain and osteoarthritis of the lumbar spine are currently rated at their maximum allowable levels, with no further increase in rating possible under current criteria.

The Board found that the veteran's traumatic osteoarthritis of the left wrist did not warrant a higher evaluation, as he was already in receipt of the highest available rating based on limitation of motion.

The VA determined that the veteran's cervical osteoarthritis was not incurred or aggravated during his military service and denied his claim.

The veteran's appeal is being remanded for further development of his claims, including obtaining additional VA medical records and providing him with VCAA notice regarding disability ratings and effective dates.