Osteoarthritis (degenerative arthritis) decisions — 2009

The Board found no evidence of a left foot disorder in service or for many years thereafter, and concluded that the Veteran's current left foot disorders are not related to his active duty service.

The VA denied an increased evaluation for degenerative arthritis of the cervical spine, as the Veteran's disability does not meet the criteria for a higher rating based on range of motion or other disabling symptoms.

The Board has determined that the Veteran's partial right hamstring tear, proximal ischial ramus was not incurred in or aggravated by active service and therefore denied her claim for service connection.

The Board has denied the Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder, fibromyalgia, osteoarthritis/arthritis (OA), gastrointestinal disorders with nausea and heartburn, hypertension, cervical spine discogenic disease at C6-C7, C7-T1 and spondylosis, and a right foot disability (calcaneal spurs) as secondary to her service-connected costochondritis.

The Board finds that the preponderance of the evidence is against finding that degenerative arthritis of the bilateral knees manifested during a period of active duty for training, and thus service connection cannot be granted.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's service-connected right wrist fracture and post-traumatic osteoarthritis do not warrant an evaluation in excess of the current 10 percent rating.

The Board denied the Veteran's claim for service connection for a low back disability, to include osteoarthritis, ankylosing spondylitis, and myasthenia gravis. The RO declined to reopen the claim in June 2001 due to lack of new and material evidence.

The Veteran's right knee disability was rated at 10 percent prior to February 13, 2004, and increased to 20 percent between February 13, 2004, and July 19, 2006. A separate evaluation of 20 percent for lateral laxity due to the right knee disability was granted. The Veteran's gastroesophageal reflux disease received a compensable initial rating of 20 percent.

The Veteran's service-connected tinea pedis is rated at a 10 percent evaluation, effective from the date of claim.

The Veteran's claim for an increased rating for his service-connected osteoarthritis of the lumbosacral spine with radicular pain in the lower extremities is granted, and he is assigned a 40 percent disability rating effective February 23, 2004.

The Veteran's claim for service connection for a bilateral knee disorder is denied as there is no current diagnosis of such a condition.,The Veteran's lumbar spine disability does not meet the criteria for an initial rating in excess of 10 percent, and his residuals of acute renal failure do not warrant a compensable evaluation.

The Board has granted service connection for multi-level degenerative disc disease with arthritis of the lumbar spine, left knee arthritis, chronic left ankle strain, and left L5 radiculopathy affecting the left leg. The lung disability claim is deferred pending completion of development.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for dysthymia, chronic lumbosacral strain with degenerative arthritis of the lumbar spine, or traumatic arthritis of the left hip. Service connection for a cervical spine condition was also denied.

The Veteran's thoracic and lumbar spine disability was manifested by slight limitation of motion, no muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral in standing position. The Veteran's cervical spine disability was not shown to involve IVDS. As such, the initial rating assigned for degenerative arthritis of the thoracolumbar spine prior to January 24, 2006, is granted at 10 percent.

The Board has determined that the Veteran's service-connected PTSD aggravated his congestive heart failure, which caused his death. Therefore, service connection for the cause of death is granted. The claim for DIC benefits under 38 U.S.C.A. § 1318 is also granted.

The Veteran's ratings for his low back disability and associated pain and numbness of the left lower extremity were reduced from 60 to 20 percent, and from 10 to zero percent respectively. The decision is mixed as some issues are granted while others are denied.

The Board denied the Veteran's claim for an effective date earlier than April 28, 1999 for the grant of service connection for lumbar spine degenerative arthritis with disc extrusion.

The Board has granted service connection for nonspecific inflammatory polyarthritis and psoriasis/eczema, finding that the Veteran's conditions are related to his military service in the Persian Gulf War.

The Veteran's service-connected conditions did not cause or contribute to his death. The underlying causes of death were sepsis and pneumonia, which are not related to the Veteran's service-connected disabilities.