Osteoarthritis (degenerative arthritis) decisions — 2007

The Board dismissed the appeal concerning the petition to reopen the previously denied claim for service connection for degenerative arthritis of the cervical spine, as the veteran and his representative withdrew their appeal during a recent hearing. The only remaining issue is the left shoulder disorder.

The Board found no evidence to support a connection between the veteran's current lower back pain and osteoarthritis of the right knee, and thus denied these service connection claims.

The veteran's claim for a higher rating for his left knee torn meniscus, status post repair, with osteoarthritis is being remanded due to the need for additional medical examination and consideration of relevant VA guidelines.

The Board has granted service connection for traumatic arthritis of the right ankle and osteoarthritis of the first MTP joint, right foot. The veteran's right ankle disability is currently rated as 10 percent disabling, while his right foot disability remains at a 10 percent rating.

The veteran's claims for higher ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's claimed right quadriceps rupture, osteoarthritis of the right knee, and left hip osteoarthritis are not proximately due to or aggravated by his service-connected status post left medial neuroma meniscectomy.

The Board found that the veteran's pre-existing left knee disability did not worsen during service, and thus denied his claim for service connection.

The Board has determined that the reduction in rating from 20% to 10% for osteoarthritis of the left knee is proper. The veteran's condition does not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the veteran's claims for service connection due to incomplete records and the need for additional development.

The veteran's lumbosacral strain with osteoarthritis is rated at 40% since November 22, 2005. His headaches are not service-connected and his memory loss is rated at 10%. The decision is mixed as some issues were granted while others were denied.

The veteran's service-connected right knee and left knee disabilities have been rated based on painful motion, with the right knee having symptomatic removal of semilunar cartilage. The combined rating for both knees is now 30 percent.

The Board has granted service connection for post-traumatic degenerative arthritis of the left knee and assigned a 10 percent evaluation, effective from when the claim was first filed.

The veteran does not have sigmoid polyps that are the result of disease or injury incurred in or aggravated during active military service. The Board finds that a medical examination was not warranted.

The VA examiner found mild spondylosis/degenerative arthritis of the thoracic spine, but concluded it was likely age-related and unrelated to service or any other condition.

The Board denied an earlier effective date for dependency and indemnity compensation benefits, finding that the liberalizing legislation adding colon cancer to the list of presumptive diseases did not affect the effective date as it was granted on March 26, 2002.

The Board determined that recoupment of the veteran's separation pay in the amount of $24,039.94 is proper for his awards of disability compensation for bilateral hearing loss and gastroesophageal reflux disease.

The veteran's claims for a compensable rating for his hydrocelectomy scar, service connection for his right and left lower extremity disorders (right knee and left knee), were all denied. The Board found no evidence linking the current conditions to service.

The Board has remanded the claims for service connection for degenerative arthritis of the cervical spine and a right foot disability, as well as the claim for PTSD. The RO is instructed to obtain medical records, arrange for VA examinations, and complete further development before readjudicating these claims.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the right shoulder do not warrant a rating higher than 30 percent, and his degenerative arthritis does warrant a 10 percent evaluation.

The veteran's claim for restoration of a 50 percent rating for his service-connected left knee disability is being remanded due to the need for additional evidence and an updated VA examination.