Osteoarthritis (degenerative arthritis) decisions — 2007

The Board denied the veteran's claims for service connection for osteoarthritis of the cervical spine with right ulnar nerve impairment, as secondary to his service-connected residuals of a fracture of the right great toe and first metatarsal with arthritis. The claim for an increased rating was also denied, and the TDIU claim was not granted.

The Board denied the veteran's claims for service connection and an increased rating, finding that new evidence did not raise a reasonable possibility of substantiating his claims. The Board also found no direct link between the veteran's current osteoarthritis of the cervical and lumbar spines and his military service.

The veteran's service-connected lumbar spine degenerative arthritis and cervical spine spondylosis have been granted increased ratings of 20 percent each.

The veteran's service-connected disabilities, including instability of the right and left knees, post-operative osteochondral fracture with a torn medial meniscus and traumatic arthritis of the right knee, instability of the left knee, osteoarthritis of the left knee, left ear hearing loss, otitis media of the left ear, and scar, post-operative pilonidal cyst, are found to be sufficiently severe to preclude him from securing or following a substantially gainful occupation. As such, he is entitled to a TDIU.

The veteran's service-connected right knee disorder, osteochondritis dissecans status post tibial osteotomy, is manifested by chronic pain and limitation of motion. The Board has determined that a 60 percent disability rating for the right knee disorder is warranted.

The Board has granted service connection for scoliosis and degenerative arthritis of the thoracic spine as secondary to a gunshot wound of the thoracic spine. The veteran's current condition is rated at 20 percent under Diagnostic Code 5320.

The Board granted service connection for osteoarthritis of the left knee, status post excision of osteochondroma with a rating of 10 percent disabling effective from June 19, 2001. The earlier effective date request was also granted.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and degenerative arthritis of the lumbar spine with herniated nucleus pulposus, as these conditions are not shown to be related to his military service.

The Board has determined that the veteran's current back disorder, including degenerative arthritis, is related to service and grants his claim for service connection.

The Board found that the veteran's claimed polyarthritis was not present during service, did not manifest within a year after service, and has not been shown to have resulted from any incident during service. Therefore, the claim for service connection is denied.

The Board has denied the veteran's claims for payment or reimbursement of unauthorized medical expenses incurred at Blake Medical Center and Manatee Memorial Hospital, finding that there was no emergency condition warranting non-VA treatment and that VA facilities were feasibly available.

The Board has remanded the case for further development and consideration of the veteran's claim for service connection for degenerative arthritis of the cervical and lumbar spine.

The Board denied the veteran's claims for increased ratings for bilateral high frequency hearing loss, left otitis media, and residuals of dislocation of the left knee with osteoarthritis.,The veteran was not granted any higher disability ratings in these cases.

The appellant's income for 1999 was below the maximum annual pension rate, allowing her to receive special monthly pension benefits.

The veteran's nonservice-connected disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes.

The veteran's conditions do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board denied the veteran's claims for higher disability ratings for his left knee osteoarthritis and residuals of a fracture of the left tibia, with cruciate ligament involvement. The evidence did not support the assignment of higher ratings under the applicable VA rating criteria.

The Board has determined that the veteran's degenerative joint disease of the left shoulder was not incurred or aggravated by active service and is not proximately due to, the result of, or aggravated by service-connected disability.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral spine, left hip, and right hip disabilities. The claim for prostatitis was also denied as there is no evidence of current symptoms or disability.

The Board found that the veteran's currently manifested bilateral knee and back disorders were not incurred in active military service, nor are they secondarily related to any service-connected disability.,VA attempted to retrieve the veteran's service medical records but was unable to locate them due to a fire at the National Personnel Records Center.