Osteoarthritis (degenerative arthritis) decisions — 2009

The Board has determined that the Veteran's hypertension, multiple joint osteoarthritis, and left shoulder osteoarthritis are not linked to service or any presumptive exposure. The Veteran does not have an acquired psychiatric disorder.

The Veteran's right arm condition was proximately due to, or the result of, his service-connected neck disability. The Board finds that he is entitled to service connection for such condition.

The Board denied service connection for non-Hodgkin's lymphoma, an acquired psychiatric disorder, osteoarthritis, a sleeping disorder, and chronic fatigue. The decision is based on the lack of evidence linking these conditions to military service or exposure to herbicides or ionizing radiation.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his right shoulder disability warranted a 20 percent evaluation.

The Veteran's claims for service connection are being remanded due to the submission of additional evidence and argument, as well as the need to obtain SSA records.

The Board has determined that the Veteran does not have a current diagnosis of osteoarthritis, chronic respiratory conditions, or bilateral hearing loss related to his military service. Therefore, these claims for service connection are denied.

The Veteran's claims for increased ratings were denied as the residuals of a fragment wound of the right shoulder with retained foreign bodies, Muscle Group I, and loss of function of the right shoulder, Muscle Group V, are not productive of more than moderate disability. The left shoulder osteoarthritis is also not productive of more than 10 percent disability.

The Board finds that the Veteran's right ankle strain with osteoarthritis is service-connected, while his left ankle disorder is not. The Veteran was granted a 100% disability rating for his right ankle condition.

The Board has determined that the appellant's osteoarthritis of the right knee was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred.

The Board has determined that the Veteran's service-connected right ankle osteoarthritis warrants an initial evaluation of 20 percent, effective May 30, 2006.

The Veteran's diagnosed back disorders, including degenerative arthritis of the spine and chronic back strain, are attributable to service. The claim for service connection is granted.

The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.

The Veteran's appeal of the issue of entitlement to special monthly compensation based on aid and attendance at a housebound rate has been withdrawn. The Board is dismissing this issue as it pertains to the remaining issues, which are being remanded for further development.

The Board found that the Veteran's right knee disorder was not incurred in service and is not secondary to his left knee condition. Therefore, service connection for degenerative arthritis of the right knee was denied.

The Veteran's service-connected low back syndrome with multi-level osteoarthritis of the lumbosacral spine was granted a 40 percent rating effective May 12, 2009.

The Veteran's left knee disability was rated at 10 percent from February 14, 2002, to August 26, 2003. A separate evaluation of 20 percent for severe meniscal degeneration and effusion in the left knee joint associated with an impaired meniscus is granted.

The Veteran's service-connected bilateral patellofemoral syndrome with osteoarthritis and cervical spondylosis are rated at the maximum allowed under VA regulations. The Veteran's plantar fasciitis does not warrant a compensable rating.

The Veteran's current cervical spine disability is not shown to have been present in service or for many years thereafter, nor is it the result of any incident or incidents of his period of active military service. Therefore, service connection for this condition is denied.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including verification of his duty status during the alleged in-service injuries and obtaining VA treatment records.

The Veteran's service-connected lumbosacral adhesive arachnoiditis has been rated at 10 percent since July 23, 2004. The RO increased the rating to 20 percent effective February 26, 2009.