Osteoarthritis (degenerative arthritis) decisions — 2008

The veteran's claim for an increased evaluation for his service-connected chronic left thumb strain with exostosis and progressive osteoarthritis of the metacarpophalangeal joint and terminal phalangeal joint was denied as there is no evidence that the current disability warrants a higher rating.

The Board has granted a rating of 20 percent for degenerative arthritis and disc disease of the cervical spine, effective from December 20, 2005. The veteran's service-connected psychiatric disorder (including Major Depressive Disorder and Bipolar Disorder) remains in dispute.

The Board has granted the veteran's claims for increased evaluations for his patellar tendon pain syndrome of both knees, with a rating of 10% each. Separate ratings of 10% have also been assigned for left knee subluxation.

The Board has determined that the veteran's hypertension and degenerative arthritis of the knee were not incurred during his active service. The evidence does not support a finding of a nexus between these conditions and his period of military service.

The Board has granted a higher rating of 50 percent for the service-connected residuals of right knee medial meniscectomy, which approximates ankylosis in flexion between 20 and 40 degrees.

The veteran's appeal is being remanded for further development and consideration of his claims, including the assignment of initial evaluations for service-connected left shoulder and elbow disabilities, as well as entitlement to special monthly compensation based on loss of use of the left arm.

The Board has denied the veteran's claims for increased evaluations for his osteoarthritis of the right and left knees, finding that the current ratings are appropriate based on the evidence showing some loss of range of motion but no compensable limitation.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection of a chronic low back disorder. The Board also found no evidence linking the veteran's current degenerative arthritis of the cervical spine to his active military service.

The Board has denied service connection for residuals of a broken right leg. The veteran's claims regarding muscle weakness with pain of the knees, legs and arms, as well as osteoarthritis and rotator cuff problems of the shoulders are being remanded to allow for further examination and development.

The veteran's low back strain and mild osteoarthritis of the lumbar spine are currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The increased ratings for bilateral hearing loss and residuals of an injury to the left index finger are denied as they do not meet the criteria for a compensable rating. Total disability based on individual unemployability is also denied.

The Board denied the veteran's claims for service connection for osteoarthritis of the right shoulder and either knee, finding no current disability or evidence of onset during service. The Board also found that there was insufficient continuity of symptomatology to establish a claim based on presumptive service connection.

The Board denied the veteran's claims for a higher rating for duodenal ulcer disease with hiatal hernia and gastroesophageal reflux disease, as well as his claim for a higher rating for residuals of a left ankle strain with degenerative arthritis. The maximum schedular ratings were not met.

The veteran's cervical spine condition is not service connected.,His mood and dysthymic disorders are not service-connected.

The Board denied the veteran's claims for increased ratings for his service-connected right knee osteoarthritis and instability, finding that the evidence did not meet the criteria for a higher rating under VA disability evaluation guidelines.

The veteran's service-connected conditions do not prevent him from engaging in substantially gainful employment.

The Board finds that the veteran did not incur or aggravate a back disability during service and there is no evidence of arthritis within one year of her service separation. Therefore, service connection for a back disability is denied.

The veteran's claims for higher ratings for his service-connected lumbar spine and right hip disabilities are being remanded to the RO for additional development.

The veteran's right and left knee disabilities are rated at 10 percent each, with no higher ratings granted. The RO found that the veteran's subjective complaints of pain and functional limitations do not meet the criteria for a higher rating based on objective clinical findings.

The veteran's service-connected disabilities do not render him unemployable, and his combined total disability rating is 40 percent. The Board finds that the preponderance of evidence does not support a finding of individual unemployability.

The veteran's claims for service connection for various conditions, including depression and skin disabilities, were denied as there was no evidence of a chronic disability in service or for many years after service. The Board found that the preponderance of the evidence did not support the veteran's claims.