Osteoarthritis (degenerative arthritis) decisions — 2009

The Board has determined that the Veteran's service-connected disabilities, including bilateral hearing loss, degenerative arthritis of the spine, PTSD, and residuals of shrapnel wounds to the left upper thigh, substantially or materially contributed to his death from an automobile accident.

The Veteran's increased rating claim for a left knee disorder is being remanded due to the need for additional medical examination and notification.

The Veteran's claim for service connection for osteoarthritis, left knee was granted. The claim for an initial rating in excess of 10 percent for a low back disability was also granted.

The Veteran's claims for service connection are being remanded due to the need to obtain VA treatment records from various facilities.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is denied as he does not meet the criteria for either benefit.

The Board has determined that the Veteran's right adductor muscle tear is service-connected and an effective date of January 1991 for this grant of service connection has been granted. The issue of entitlement to service connection for osteoarthritis of the hands (bilateral) remains unresolved.

The Board has denied the Veteran's claims for an effective date prior to October 30, 1989 for service connection and a compensable rating for his right foot disability. The RO must issue an SOC regarding these issues.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for VA financial assistance are not met.

The Board has determined that further development is necessary to confirm any periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), which may affect the appellant's claims for service connection. The case is REMANDED for these purposes.

The Veteran's degenerative arthritis of the lumbar and cervical spine was not incurred in or aggravated by active service, nor is it proximately due to or chronically worsened by his service-connected residuals of a right foot fracture.

The Board finds that the reduction of the Veteran's rating for osteoarthritis of the right ankle from 20 percent to 10 percent was proper based on medical evidence showing normal range of motion.

The Board denied the claim for an effective date earlier than September 27, 2004 for the awards of service connection for chronic sciatica with L2-L3 radiculopathy and cervical degenerative arthritis.

The Board has determined that the Veteran's degenerative arthritis of the right knee is secondary to his service-connected status post anterior cruciate ligament reconstruction with traumatic arthritis of the left knee.

The Board has reopened the Veteran's previously denied claims for service connection for osteoarthritis of multiple joints and skin disorder, but denied both on a new-and-material basis. The Veteran's claim for direct service connection for osteoarthritis of multiple joints was denied because there was no competent evidence linking it to his active service or to his service-connected malaria. His claim for a skin disorder was reopened due to the receipt of new and material evidence, but the Board did not find this sufficient to grant service connection.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his right knee disabilities and their impact on his ability to work.

The Veteran's claim for a higher disability rating and TDIU was granted, but the attorney is not eligible for payment of fees as it pertains to issues that were not decided by an appellate decision.

The Board has granted a 50 percent rating for left knee limitation of extension, a 20 percent rating for left knee limitation of flexion, and denied increased ratings for post-operative residuals of left knee meniscectomy with instability and unstable left ankle associated with left knee meniscectomy. The TDIU claim is also granted.

The Board has determined that the Veteran's osteoarthritis of the left knee, status post total left knee arthroplasty, is etiologically related to an injury sustained in active service and therefore grants service connection for this condition.

The Veteran's claim for a higher rating for his degenerative arthritis of the thoracic and lumbar spine was denied, as the current evaluation adequately reflects the severity of this condition. The Veteran's bilateral hearing loss is currently rated at 20 percent, which is not compensable.

The Veteran's appeal for increased ratings and service connection was denied. The Veteran's low back disability is currently rated as 10 percent disabling, his heart disease has not been linked to service, and the claimed chest pain, dizziness, shortness of breath, and blackout spells are not related to service.