Osteoarthritis (degenerative arthritis) decisions — 2009

The Board denied service connection for osteoarthritis of the right hip, knee, and ankle. The Veteran's pre-existing right hip disorder was not aggravated by his military service.

Service connection has been granted for post-traumatic degenerative arthritis of the right ankle and lumbar spine chronic muscular strain. The Veteran is seeking higher ratings and an earlier effective date for these conditions.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection due to a lack of examination addressing both secondary service connection issues. The case is REMANDED for further action.

The Board found that the Veteran's osteoarthritis of the left knee was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred within one year following his discharge. The claim for service connection is therefore denied.

The Veteran's claims for lumbar degenerative disc disease, neck pain, bilateral hearing loss, and tinnitus were denied. Service connection was granted for a distorted left great toenail with an initial evaluation of 0 percent effective January 2006.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected foot disabilities.

The Veteran's claims for service connection for osteoarthritis of the lumbar spine and degenerative joint disease of the right knee have been denied as there is no evidence of arthritis or chronic residuals of influenza in service, and any current conditions are not otherwise etiologically related to such service.

The Veteran's claims for service connection and increased evaluations were denied. The issues of service connection for PTSD, scars of the groin as residuals of fungal infection, myositis, degenerative arthritis and spinal stenosis of the lumbar spine, appendectomy scar, and diabetes mellitus with complications are addressed in the Remand portion.

The Board has reopened the Veteran's claim of service connection for degenerative arthritis of the left knee. The issues of service connection for depression and coronary artery disease with history of myocardial infarction are also addressed, but not decided on this remand.

The Veteran's appeal is remanded due to an increase in severity of his service-connected right elbow degenerative arthritis, and a new examination is required to assess the current level of disability.

The Board denied the Veteran's claims for service connection for various conditions, including low back disability, hearing loss, right knee disability, osteoarthritis of the hips, left hand disability, flat feet, and depression. The evidence submitted did not provide a link between these conditions and service or service-connected disabilities.

The Board has determined that the Veteran's current degenerative arthritis was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Veteran's claim for an increased evaluation in excess of 30 percent for postoperative residuals of a right knee injury with internal derangement, status post menisectomy with tendon transfer was granted.,A separate initial evaluation in excess of 10 percent for severe osteoarthritis of the right knee with decreased range of motion on extension and chronic pain prior to April 5, 2008 was granted.,An increased evaluation in excess of 40 percent for severe osteoarthritis of the right knee with decreased range of motion on extension and chronic pain from April 5, 2008 was granted.

The Board has granted an initial evaluation of 70 percent for the appellant's PTSD disability, finding that it meets the criteria for such a rating. The lumbar spine disability is also rated at its maximum allowable under the applicable diagnostic codes.

The Veteran's claims for increased evaluations and a compensable evaluation were denied. The effective date of service connection for his right hip disability was also denied.

The Board has granted compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of a broken left leg, osteoarthritis of the left knee, and osteoporosis of the left knee due to VA medical treatment on September 16, 1996. The claim for compensation related to right tibia fracture, bilateral lower extremity staph infections, and bilateral lower extremity osteomyelitis was denied as there is no indication that these conditions are proximately due to VA care or an unforeseeable event.

The Board has denied the Veteran's claims for service connection for right shoulder, left shoulder, right knee, and left knee disorders. The Veteran's current conditions are not related to his time in service.,Service connection was also denied for a back disorder.

The Board denied the Veteran's claims for reopening his service connection claim and for an increased rating, finding that new and material evidence had not been submitted to reopen the claim. The Veteran's old contusion of the back resulting in low back pain was evaluated at a 10 percent disability rating.

The Board has determined that the Veteran's left shoulder and bilateral knee disabilities are not service-connected, as there is no evidence of a chronic disability during active or reserve service. The current conditions do not have a direct link to military service.

The Board has denied the Veteran's claims for service connection for left elbow disability, bladder disability, and pharyngitis due to lack of current diagnoses.