Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's initial claim for a higher rating for his degenerative arthritis of the thoracolumbar spine was denied. The RO assigned a 20 percent evaluation effective October 6, 2006.

The Board found no evidence to support the Veteran's claim that his current back disability is related to service, and denied the claim.

The Board has determined that the Veteran's claimed conditions, including hearing loss, tinnitus, a chronic right shoulder disorder, degenerative arthritis of the lumbar spine (claimed as a back condition), and PTSD or depression, are not service-connected. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board found that the evidence submitted by the Veteran does not raise a reasonable possibility of substantiating his claims for service connection for degenerative arthritis of the lumbar spine and duodenal ulcer, and thus denied reopening of these claims.

The Veteran's right hip disability is currently rated at 20 percent, effective March 22, 2005. The Board finds that the evidence supports a higher evaluation for his right hip disability.

The Veteran's knee disability led to his termination from employment with the South Carolina Department of Corrections, and he is now studying for a bachelor's degree in elementary education. The case is being referred for extraschedular consideration due to the impact on his work.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of very frequent completely prostrating and prolonged attacks for the migraine headaches, which is required for a higher rating under Diagnostic Code 8100. For tinnitus, there is no provision for separate evaluations in each ear under DC 6260.

The Veteran's low back disability was rated at 10 percent prior to May 31, 2008. The claim for reopening the chronic pulmonary condition claim is denied.

The Board denied the Veteran's claims for service connection for a disorder manifested by muscle weakness with pain of the knees, legs, and arms, as well as for osteoarthritis and rotator cuff problems of the shoulders. The evidence did not support the presence of these conditions during or after service.

The Board granted service connection for the Veteran's bilateral foot disabilities, assigning a single noncompensable rating. However, it determined that separate evaluations should be assigned for each foot due to different disability pictures in each foot. The right foot was found to have degenerative osteoarthritis of the great toe and metatarsophalangeal joint warranting a 10% evaluation.

The Veteran's initial claim for an increased rating for his service-connected low back disability was granted, with a final evaluation of 40 percent effective from April 14, 2001. The appeal is resolved in favor of the Veteran.

The Veteran's service-connected osteoarthritis of the thoracic and lumbar spine is rated at 40 percent, which is the maximum available under the applicable diagnostic codes. The Veteran's left lower extremity radiculopathy remains at a 10 percent rating.

The Veteran's appeal is being remanded for further evaluation of his right knee disability, including obtaining medical records and scheduling a VA examination.

The Veteran's degenerative arthritis of the cervical spine is currently rated at 30 percent, which is the maximum schedular rating for severe limitation of motion without other compensable criteria met.

The Board has granted service connection for a cervical disability, finding that the Veteran's credible report of an in-service injury is consistent with his current diagnosis. The claim for posttraumatic stress disorder was denied as there is no evidence of such a condition.

The Board has granted service connection for a right shoulder disorder and has reopened the veteran's claims of service connection for hip disorders. The issues of service connection for knee disorders, back disorder, and hip disorders are remanded.

The Board denied the appellant's claims for higher evaluations for degenerative arthritis of the left knee and status post fracture of the left humerus, finding that the evidence did not support a rating higher than the current 10% and 20% ratings respectively.

The Board has determined that the Veteran's current bilateral knee disabilities are not related to his military service.

The Board has denied the Veteran's request to reopen his previously denied claim of service connection for thoracic strain with degenerative arthritis of the thoracic and lumbar spine, finding that the new evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied service connection for bilateral hip and lumbosacral spine disabilities, finding that the Veteran's conditions were not incurred in or aggravated by his military service. The decision also noted that the Veteran did not meet criteria for TDIU.