Osteoarthritis (degenerative arthritis) decisions — 2008

The Board denied the veteran's claims for service connection for tinnitus, a cervical spine disability, and residuals of a head injury. The initial compensable rating claim for bilateral hearing loss was also denied. The claim for an increased rating for degenerative arthritis of the upper lumbar spine was not addressed as it is no longer on appeal.

The veteran's claims for bilateral hearing loss, tinnitus, and increased ratings for osteoarthritis of the feet were denied. The claims for hypertension and pes planus are pending as they have been reopened.

The VA denied an increased rating for the veteran's service-connected right knee injury with degenerative arthritis, as his disability does not meet or approximate criteria warranting a higher rating.

The Board has determined that the veteran's service-connected degenerative arthritis of the right knee and laxity or instability of the right knee, secondary to degenerative arthritis, warrant a 10 percent rating each. The evidence does not support higher ratings.

The veteran's claim for an effective date prior to January 1, 1997 for reinstatement of a 10 percent disability evaluation for service-connected osteomalacia of the right knee with Osgood-Schlatter and degenerative osteoarthritis was denied.

The veteran's appeal is being remanded to obtain additional medical records and to schedule a VA examination for her service-connected lumbar and cervical spine disorders. The case will be reconsidered based on the new evidence.

The Board granted service connection for osteoarthritis of the lumbar spine and assigned a 20 percent rating, effective from the date of receipt of the veteran's initial claim for benefits.

The veteran's appeal is being remanded for further examination to determine if he suffers from a 'loss of use' of one or both lower extremities, which could affect his eligibility for specially adapted housing and adaptive equipment benefits. The RO/AMC will then readjudicate the claims based on this new information.

The Board has granted service connection for headaches, lumbosacral spine degenerative arthritis with degenerative disc disease at L5-S1, and denied service connection for bilateral hearing loss. The veteran's headaches are found to have had its onset during active service.

The Board finds that the veteran's claim for an earlier effective date for TDIU benefits cannot be granted as his informal claim was considered abandoned due to failure to provide requested evidence within one year of request. The benefit-of-the-doubt rule is not applicable.

The veteran's unauthorized medical expenses for emergency treatment at Massena Memorial Hospital on December 23, 2005 are denied as he is covered by Medicare and thus ineligible for VA reimbursement.

The veteran's lumbar spine disability, characterized by spondylolisthesis and degenerative arthritis, warrants a rating of 40 percent based on its orthopedic manifestations. Additionally, separate ratings of 10 percent are assigned for the neurologic manifestations affecting the right and left lower extremities.

The Board found that the veteran's low back disorder and psychiatric disorders were not incurred in or aggravated by service, and denied her claims.

The Board has granted service connection for osteoarthritis of the right and left knees, but denied service connection for bilateral hearing loss disability as it was not incurred or aggravated during active service.

The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board denied all claims, including service connection for PTSD and degenerative joint disease of the right wrist, as well as increased ratings for various disabilities. The claim for service connection for degenerative arthritis of the right knee was not reopened due to lack of new and material evidence.

The Board has denied the veteran's claims for service connection for osteoarthritis and degenerative disc disease of the lumbosacral spine, finding that there is no evidence showing a link between these conditions and his military service. The claim for residuals of a nose laceration remains pending as the RO has not issued an SOC.

The Board denied the veteran's claims for service connection for degenerative arthritis of the spine, residuals of crushed fingers, and a pulmonary disorder (claimed as asbestosis), finding that these conditions were not incurred or aggravated by active service. The Board also found that impaired renal function was proximately due to or the result of a service-connected disability.

The Board denied an earlier effective date for TDIU due to the veteran's service-connected disabilities, finding that he was not unemployable prior to November 5, 1997.

The VA determined that the veteran's current level of back disability, including aggravation by service-connected right knee issues and intercurrent injuries, does not warrant a rating higher than 20 percent.