Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran is entitled to a higher level of SMC compensation at a rate authorized pursuant to 38 U.S.C.A. § 1114(m), plus an intermediate level authorized under 38 C.F.R. § 3.350(f)(3).

The case is being remanded for the Veteran to be scheduled for a Travel Board hearing before a Veterans Law Judge.

The Board denied the claim for service connection for the cause of the Veteran's death, as there was no evidence to support that a service-connected disability was either the principal or contributory cause of his death.

The appeal is remanded for additional development, including a VA examination to determine the nature and etiology of any asthma.

The Veteran's low back disability was denied a rating in excess of 10 percent based on the current level of symptoms and examination findings.

The Board denied an increased evaluation for the Veteran's bilateral foot disability, finding that the evidence did not support a higher rating under the applicable criteria.

The Board denied service connection for a left knee disability, finding that the veteran's pre-existing left knee disability was not aggravated by military service or his service-connected right knee disability.

The Board found that the preponderance of evidence was against service connection for a heart condition, osteoarthritis of the lumbar spine, headaches, and COPD.

The Board found that the Veteran's cervical spine disability is not related to his service, either directly or as secondary to his service-connected shoulder disability.

The Veteran's claims for increased disability evaluations were denied as the evidence did not meet the criteria for a compensable or higher evaluation for his cervical spine spondylosis, thoracolumbar spine spondylosis, right (major) shoulder osteoarthritis, right hip and left hip osteoarthritis, right knee and left knee osteoarthritis, right first metatarsophalangeal joint degenerative arthritic changes, left first metatarsophalangeal joint degenerative arthritic changes, and bilateral pes planus.

The Board denied service connection for a right knee disability, finding no evidence that the Veteran's current osteoarthritis of the right knee is related to his active service.

The Board denied service connection for the veteran's claimed conditions, including respiratory disorder, hyperlipidemia, obesity, GERD, hypertension, ED, osteoarthritis, and sleep apnea, as none of these conditions were shown to be related to his military service or any exposure to hazardous environmental agents.

The Board denied service connection for degenerative arthritis and disc disease of the cervical spine, finding no evidence that these conditions were incurred in or aggravated by military service, nor any competent evidence linking them to a shell fragment wound to the posterior neck.

The Board denied the Veteran's claim for service connection for a low back disability, to include muscle strain, degenerative arthritis, and degenerative disc disease of the lumbar spine.

The veteran's service-connected residuals of his in-service left foot injury are degenerative joint disease of the first metatarsophalangeal joint (large toe); osteoarthritis of the talar-navicular joint (mid-foot); and pain radiating into the foot and to the ankle; there is no arthritis or more than slight limitation of motion of the ankle; the overall degree of functional impairment of the left foot more nearly approximates moderately severe, but no more than this level.

The veteran does not have osteoarthritis or peripheral vascular disease as the result of disease or injury that was incurred during his active military service. The claims for increased ratings for bilateral hearing loss and otitis media were denied.

The Board denied service connection for degenerative disc disease of the lumbar spine, a disc protrusion of the cervical spine, and left knee osteoarthritis as these conditions were not found to be related to the Veteran's service-connected right knee disability.

The Board denied service connection for bilateral knee osteoarthritis, degenerative joint disease of the lumbar spine, left hamstring strain, and right hamstring strain as there was no evidence to support a direct relationship between these conditions and the Veteran's military service.

The Board denied the Veteran's claims for increased initial evaluations for his left knee, right knee, and sinusitis disabilities.

The Veteran does not meet the criteria for special monthly pension based upon the need for regular aid and attendance or by reason of being housebound.