Osteoarthritis (degenerative arthritis) decisions — 2008

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a left ankle disability. However, additional development is needed before further adjudication can be made.

The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine and degenerative arthritis of the thoracic spine were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The veteran's service-connected disabilities are found to have contributed substantially or materially in causing his death. The DIC claim is dismissed as the veteran was already receiving a combined rating of 100% due to service-connected disability.

The veteran's service-connected chronic low back muscle spasm, status post-spinal fracture and deformity of T-8 and T-11 with degenerative arthritis, was rated at 30 percent prior to December 15, 2006. The evidence did not support a higher rating under the old VA rating criteria.

The veteran's claims for increased evaluations and secondary service connection were denied as his conditions are not rated higher based on the current criteria.

The Board denied the veteran's claims for service connection for right and left knee conditions, as well as a low back condition secondary to a right knee condition. The evidence did not support a finding of in-service injury or chronicity of symptoms related to these conditions.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for degenerative arthritis of the left knee and service connection for PTSD. The veteran did not meet the criteria for a higher rating based on his left knee condition, and there was insufficient evidence to establish a link between his PTSD symptoms and his military service.

The Board has remanded the case due to a failure to provide a hearing before a Decision Review Officer (DRO). The veteran's Social Security Administration (SSA) records and her request for a DRO hearing must be obtained.

The Board has determined that the veteran's right shoulder disorder, including osteoarthritis of the right acromioclavicular joint and residuals of a rotator cuff tear, was incurred during active duty service.

The veteran's degenerative arthritis of the knees and residuals from a pulmonary embolism in service are granted as service-connected.

The veteran's claim for increased evaluations and SMC at the 'm' level was granted, effective from November 13, 1997.

The veteran's service-connected knee and foot disabilities have been evaluated as 10 percent disabling. The Board finds that the evidence does not support a higher evaluation for these conditions.

The Board has denied the veteran's claims to reopen his service connection claims for degenerative arthritis of the left and right hips, finding that new and material evidence was not submitted.

The veteran's claims for service connection for osteoarthritis of the hips as secondary to his right fibula fracture and an increased rating for his right fibula fracture are being remanded due to the need for additional examinations and medical opinions.

The Board has determined that the veteran's osteoarthritis of the knees was not incurred in or aggravated by active service, nor may it be presumed to have been incurred therein. The evidence does not support a finding of service connection for this condition.

The Board has granted service connection for chronic fatigue syndrome, bilateral side pains, arthritis due to fever of unknown origin, and cervical and lumbar spine conditions. The veteran's symptoms are presumed to be related to his active service in the Persian Gulf War.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for specially adapted housing due to his current level of mobility.

The Board has remanded the veteran's claims for increased ratings for his right and left knee disabilities, as well as his claim for a TDIU. The RO must issue a SOC on these issues and provide the veteran with an opportunity to respond.

The Board has determined that the veteran's calcium pyrophosphate deposition disease with osteoarthritis of multiple joints is related to his military service and grants service connection for these conditions.

The Board has determined that the veteran's right and left knee disabilities do not warrant more than a 10 percent rating under the applicable rating criteria.