Osteoarthritis (degenerative arthritis) decisions — 2009

The Board has granted service connection for right hand osteoarthritis and right shoulder acromioclavicular arthritis effective July 21, 1992. The Veteran's original claim of entitlement to service connection was received on April 6, 1953, but he did not specifically request service connection for these conditions at that time.

The Board has determined that the Veteran's service-connected disabilities meet the percentage criteria for a TDIU rating, but further examination is needed to determine if he is unable to secure or follow a substantially gainful occupation.

The Board granted the Veteran's claims for service connection for degenerative arthritis of his hips and lumbar spine, but denied higher initial ratings. The case was remanded to reassess the severity of the disabilities at issue.

The Veteran's claims for service connection are being remanded due to the need for a VA examination to determine the etiology of his left rib arthritis and its potential effects on his shoulder condition and low back disability.

The Veteran's claims for service connection for osteoarthritis of the lumbar spine, polymyositis of the lower extremities, and hypertension are all granted.

The Board has denied the Veteran's claims for service connection for osteoarthritis, right hip osteoarthritis, and left knee arthritis as there is no evidence of such conditions during or within one year after service, and the preponderance of the evidence does not support a finding that they are related to service.

The Veteran's waiver claim is being remanded due to the need for a statement of the case addressing this issue and notification of appellate rights.

The Board found that there is no evidence linking the current left knee condition to service or a service-connected disability, and thus denied the claim for service connection.

The Board has remanded the claims for further development due to incomplete service records and need to verify periods of active duty.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for TDIU under 38 C.F.R. § 4.16(a). However, a VA examination is needed to determine if his service-connected conditions prevent him from securing and following any substantially gainful occupation.

The Veteran's left knee disability is rated at 10 percent, and he was denied TDIU due to his inability to secure or follow substantially gainful employment.

The Veteran's current back disorder was not shown to have been clinically present during his period of military service or until many years thereafter, and it is not shown to be related to an in-service injury. The Board finds that the preponderance of the evidence is against the claim.

The Veteran's left hand osteoarthritis is rated at a 20 percent disability, effective from the date of award. The claims for service connection for bilateral hearing loss and tinnitus have been reopened due to new evidence received since the last final denial.

The Veteran's degenerative arthritis of the sacroiliac joint has been rated as 10 percent disabling throughout the rating period. The other conditions have not met the criteria for a compensable evaluation.

The Board has denied the Veteran's petition to reopen his claims for service connection for degenerative arthritis/degenerative discopathy of the lumbar spine and hearing loss, as no new and material evidence was submitted.

The Board found that the Veteran's current left knee disorder is not related to his service, as there was no evidence of such a condition within one year after discharge. The Board also noted inconsistencies between the Veteran's statements and the STRs.

The Veteran's low back, knee, hip, and psychiatric conditions are being remanded for further examination and development. The claims for hepatitis C will also be remanded.

The Veteran's right ankle and foot disabilities are evaluated at a 10 percent rating each. The Board found that the Veteran's right ankle disability does not warrant an evaluation in excess of 10 percent, but his right metatarsalphalangeal joint disability is now rated separately at 10 percent.

The Veteran's appeal has been dismissed due to his request for withdrawal of all claims except for a higher rating for PTSD, TDIU, and service connection for diverticulosis and shingles.

The Veteran's service-connected degenerative osteoarthritis of the left ankle and tarsal tunnel syndrome of the left foot have been granted initial ratings of 20 percent each, effective March 30, 2006.