Osteoarthritis (degenerative arthritis) decisions — 2008

The Board has remanded the case for further development, including obtaining a VA examination to determine if the appellant meets the criteria for special monthly death pension based on need for regular aid and attendance (A&A), and providing proper VCAA notice regarding her income limitations.

The veteran's service-connected lumbar spine disability was initially rated at 10 percent and increased to 20 percent effective March 19, 2008. The claim for uterine fibroids resulted in a noncompensable rating. The cervical spine disability warranted a separate 10 percent evaluation for right L4-5 radiculopathy. No higher evaluations were granted for the other service-connected conditions.

The veteran's chronic lumbrosacral strain myostitis, major depression, diabetes mellitus type II (DM), status post left wrist fracture, status post right wrist facture, and left knee osteoarthritis prevent him from engaging in substantially gainful employment.

The Board has granted service connection for left wrist tendonitis and left ankle disability, but denied service connection for right hand condition, right ankle condition (undiagnosed illness), bilateral knee osteoarthritis, and bilateral hip or foot conditions.

The VA denied the veteran's claim for a higher initial evaluation of his osteoarthritis of the left knee, residuals of a left upper one-third tibial stress fracture, as there is no evidence of malunion of the tibia and fibula with moderate knee or ankle disability.

The veteran's claims are being remanded for further development, including obtaining Social Security Administration records and attempting to locate service medical records. The appeal is not about service connection at all.

The Board denied service connection for a left arm disability and denied the claim for an increased rating for rhinitis. The veteran's left arm and shoulder issues were not found to be related to his military service.

The veteran's right knee disabilities, including arthritis and ligament laxity, are currently rated at 10 percent. The Board found that the evidence did not support a higher rating based on limitation of motion or functional loss.

The Board denied the veteran's claims for service connection for left elbow, right leg, right knee, and right foot disorders. The evidence did not establish a direct link between these conditions and military service.

The Board denied the claim to reopen service connection for residuals of a bayonet wound of the left hip due to lack of new and material evidence.,Service connection was not granted for renal calculus, right eye disability, or osteoarthritis as there is no evidence showing these conditions were incurred in service.

The veteran's claims for increased evaluations were denied. The Board found that the evidence did not support a higher evaluation for degenerative joint disease, left knee or arthritis, right wrist. The claim for carpal tunnel syndrome of the right wrist was also denied.

The Board denied the veteran's claims for increased ratings and service connection, finding that his osteoarthritis of the left knee is no more than 10 percent disabling and his bilateral hearing loss disability does not warrant a higher rating. The issues regarding service connection were also denied as there was insufficient evidence to establish a direct relationship between any claimed conditions and service.

The Board found that the veteran did not have a current right knee disability and there was no evidence of arthritis in service. Therefore, the claim for service connection for a right knee disability is denied.

The veteran's claim for increased ratings for his service-connected residuals of a shell fragment wound of the right knee and bilateral hearing loss was granted. The rating for the right knee is set at 10 percent, with a separate compensable rating for damage to muscle group XI (right peroneal nerve). The rating for bilateral hearing loss remains unchanged.

The Board granted service connection for the veteran's conditions and assigned initial evaluations. The right shoulder scars, left ring finger fracture, and bilateral knee osteoarthritis were all granted with a 10% evaluation.

Service connection is granted for bilateral leg disability and low back disability (claimed as residuals of a broken tailbone), but service connection for head injury and PTSD are denied.,The veteran's current back conditions are related to an intercurrent work-related injury, not to any incident in service.

The Board denied the veteran's claims for earlier effective dates and service connection, finding that new evidence did not warrant reopening of his claims for right ankle disorder or costochondritis.

The veteran's claims for increased ratings were denied as his conditions did not warrant a higher rating under the applicable diagnostic codes.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his ability to engage in substantially gainful employment.

The Board denied service connection for the veteran's claimed degenerative arthritis conditions, finding that there was no evidence to support a link between his service-connected ulcerative colitis and these disabilities.