Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's service-connected knee disabilities have been increased to 20 percent effective June 29, 2004. He is still seeking higher initial ratings prior to that date.

The Veteran's fibromyalgia, osteoarthritis of the cervical and lumbar spine, and degenerative disc disease of the lumbar spine are not service-connected as they were not present during his period of active duty for training (ACDUTRA).

The Board has determined that the reduction in evaluation of the service-connected post-lumbosacral strain with degenerative arthritis by x-ray from 20 percent to 10 percent was proper, as examination disclosed improvement and did not result in a reduction in overall compensation payments.

The Veteran's claims for increased rating, service connection, and reopening of a claim are all granted. The Veteran is awarded an increased rating for his gastroesophageal hiatal hernia with reflux esophagitis, but the issues regarding his right foot disability and residuals of right hand injury remain pending.

The Veteran's service-connected disabilities require the need for regular aid and attendance, but not housebound status. Special monthly compensation based on the need for regular aid and attendance is granted.

The Board has reopened the Veteran's claims for service connection for left shoulder and left knee disorders, finding new and material evidence. The VA will now review these claims de novo.

The Board found that the Veteran's right knee osteoarthritis, left knee osteoarthritis, and lumbar spine DDD are not related to his active duty service.

The Board denied the Veteran's claims for service connection for various conditions, including claw foot (pes cavus), peripheral vestibular disorder, edema, osteoarthritis, headaches, and chronic bronchitis. The decision is final as it was based on a prior denial in June 1962.

The Veteran's claims for increased ratings for his knee and lumbosacral spine disabilities are being remanded due to inadequate VCAA notice and the need for a new VA examination.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of service connection for various conditions are under review.

The Veteran's cervical spine and thoracic spine conditions have been granted a disability rating of 40 percent, effective as of the date of this decision. The lumbar spinal stenosis condition has also been granted a disability rating.

The Veteran's right knee osteoarthritis is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5260-5003. The appeal for an increased rating is denied.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective from September 1, 2004. The Board has determined that the Veteran's radiculopathy of the right and left lower extremities warrants separate 10 percent ratings.

The Veteran's left knee disability is the result of an injury incurred or aggravated in line of duty during active duty for training, and the Board grants service connection for osteoarthritis of the left knee.

The Board denied the Veteran's claims for increased evaluations for degenerative arthritis of the right knee and left knee strain, finding that the evidence did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The Veteran's claim for an earlier effective date for VA pension benefits was denied as the evidence did not show he was permanently and totally disabled prior to November 1999.

The Board denied the Veteran's claims for service connection for hearing loss and degenerative arthritis of multiple joints, finding that there was no evidence of a chronic disability or any link to service.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to their severity and nature.

The Veteran's claimed left knee disability and bilateral hip arthritis are not found to be related to her service-connected left foot disability.

The Veteran meets the criteria for special monthly pension on account of being housebound due to his multiple disabilities independently rated at more than 60 percent.