Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's claim for increased ratings for degenerative arthritis, to include lumbar strain, was granted with a rating of 20 percent effective May 6, 2008. The highest possible evaluation remains on appeal.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, left knee instability, degenerative arthritis of the left knee associated with left knee instability, and degenerative disc disease of the cervical spine, do not meet the requisite schedular percentages for TDIU.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no evidence of a nexus between any claimed condition and his military service.

The Veteran seeks service connection for his current low back disorder, diagnosed as degenerative arthritis of the lumbar spine. The Board finds that a remand is necessary to obtain outstanding VA treatment records and to provide an adequate VA examination to determine the nature and etiology of his current back disorder.

The Veteran's claim for service connection of DJD of the left arm was denied as there is no evidence showing that he has this condition due to his military service. The issue of an increased evaluation for cervical spine disability remains on appeal.

The Board has determined that a VA examination is needed to clarify the relationship between the Veteran's current cervical spine disorder and her service, as well as to address the issue of whether she incurred any other conditions during service.

The Veteran's claims for service connection for posttraumatic osteoarthritis, beriberi, and malnutrition were denied. The Veteran's claim for an increased rating for arteriosclerotic heart disease prior to March 13, 2007 was not granted, nor was his claim for a higher initial evaluation in excess of 60 percent after that date. His claim for an initial evaluation in excess of 30 percent for posttraumatic stress disorder was also denied.

The Board has determined that the Veteran's osteoarthritis of the lumbosacral spine was not incurred in or aggravated by active military service and may not be presumed to have been incurred as a result of service. The preponderance of evidence is against his claim for service connection.

The Board is remanding the case to comply with VCAA requirements and to determine whether new and material evidence has been submitted to reopen the determination that his discharge is a bar to VA benefits.

The Board has determined that the appellant does not have qualifying military service and therefore is not eligible for VA benefits.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.

The Veteran's claim for an initial evaluation in excess of 10 percent for left knee osteoarthritis was denied. The RO found that the Veteran's left knee disability did not meet the criteria for a higher rating based on limitation of motion or other diagnostic codes.

The Veteran's service-connected chronic lumbosacral strain with degenerative disc disease and osteoarthritis is rated at 20 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The residuals of left hip contusion are not shown to warrant a higher rating.

The Veteran's service connection claim for chronic obstructive pulmonary disease is denied as the condition did not manifest in or was not related to his active duty. The special monthly pension based on aid and attendance of another person is also denied due to lack of need.

The Veteran's claims for service connection were denied across the board, with no compensable rating assigned for his bilateral hearing loss.

The Veteran's degenerative arthritis of the left knee was not incurred or aggravated by his active duty service. The Board found no competent medical evidence linking the current condition to his military service.

The Veteran's claim for higher ratings for his torn medial meniscus, torn anterior cruciate ligament, osteochondral injury, and osteoarthritis of the right knee has been denied. The RO found that the disability did not warrant a compensable rating prior to December 13, 2006, or a rating in excess of 10 percent from that date.

The Veteran's claims for increased evaluations for his service-connected right and left knee disabilities have been granted, with the right knee receiving a 30 percent evaluation.

The Veteran's appeal of an April 2005 denial of the increased rating claim for service-connected rheumatoid arthritis is being remanded due to a need for clarification on whether his current degenerative arthritis is aggravated by his service-connected rheumatoid arthritis.

The Board denied increased ratings for left shoulder and cervical spine disabilities, as well as entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 14, 2004.