Osteoarthritis (degenerative arthritis) decisions — 2009

The Board granted service connection for diabetic retinopathy as secondary to the Veteran's service-connected diabetes mellitus, type II. The claims for a neurological disorder of the right upper extremity and an orthopedic disorder of the right upper extremity were denied.

The Board denied the Veteran's claim for a rating higher than 20 percent for degenerative arthritis of the lumbar spine, as there was no evidence that the disability resulted in forward flexion of 30 degrees or less; favorable ankylosis of the lumbar spine; or incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks during the past year.

The Board found that the Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine did not warrant an evaluation in excess of 10 percent prior to October 7, 2005, or 40 percent from October 7, 2005.

The Veteran's current osteoarthritis of the cervical spine, osteoarthritis of the lumbar spine, a seizure disorder, chronic obstructive pulmonary disease, and sinus problems were not incurred in or aggravated by his active duty military service.

The appeal is being remanded for a new VA examination to determine the current severity of the Veteran's service-connected low back disability.

The Veteran did not file a timely substantive appeal for any of the issues related to service connection, and the Board is without jurisdiction to review these matters.

The Veteran's right knee disability was rated at 20 percent, and the left knee and hip disabilities were not increased from their current ratings. The Veteran was granted a total disability rating based on unemployability due to his service-connected disabilities.

The Board denied service connection for a low back disability, finding no evidence of a nexus between the Veteran's current condition and his active military service.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of worsening or additional disability beyond that already compensated.

The Board denied the veteran's claims for higher initial ratings for osteoarthritis of both hands, recurrent urinary tract infections, and gastroesophageal reflux disease.

The veteran's claims for service connection and increased ratings were remanded to address the November 2004 Order of the Court, which required VA to inform the claimant of the information and evidence necessary to substantiate his claims.

The Board denied the veteran's claims for increased ratings for his right shoulder, left knee, bilateral hearing loss, and tinnitus disabilities.

The appeal is remanded for a VA examination to determine the current severity of the Veteran's service-connected left shoulder disability, right wrist arthralgia, and left wrist tendonitis.

The veteran's lumbar and cervical spine disabilities were rated at 20 percent for the lumbar spine and an initial rating of 20 percent was granted for the cervical spine, effective June 5, 2008 and January 4, 2008 respectively.

The Board denied the Veteran's claims for increased ratings for osteoarthritis of both knees and laxity, right knee, as the evidence did not support a higher rating based on the current severity of these conditions.

The Board found that the Veteran's multiple claimed disabilities were not the proximate result of active duty and were, in fact, due to his own misconduct.

The appeal was remanded to schedule the veteran for a hearing before a Veterans Law Judge at the RO.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for upper and lower back strain, as the current spinal disorders were not likely related to the injury in service but rather to the degenerative process of aging and to an inability to exercise secondary to partial left-sided paralysis caused by a gunshot wound to the head after military service.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not support higher ratings.

The veteran's lumbar spine disability is not entitled to an evaluation in excess of 40 percent, and the left knee disability is not entitled to an increased evaluation in excess of 20 percent.