Osteoarthritis (degenerative arthritis) decisions — 2010

The Board has granted service connection for osteoarthritis of the lumbar spine and allergic rhinitis, finding that both conditions were manifested to a compensable degree within one year of service separation.

The Board denied the Veteran's claims for service connection for bipartite patella, right, with oblique tear of posterior horn of medial meniscus and a sleep disorder. The claim for an increased rating for degenerative arthritis, left acromioclavicular joint was also denied.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; therefore, he does not have a serious employment handicap and is not entitled to vocational rehabilitation training under Chapter 31 of Title 38, United States Code.

The Veteran's appeals have been withdrawn by him, and thus the case is dismissed.

The Board denied the Veteran's claims for chronic bronchitis and left ankle disability, but granted service connection for a left foot disability. The Veteran's current diagnoses do not support his claims for chronic bronchitis or left ankle disability.

The Board denied the Veteran's claims for increased disability ratings for his service-connected right ankle, knee, and hip disabilities. The current rating of 30 percent for residuals of a fracture of the right fibula with degenerative arthritis of the right ankle is maintained.

The Veteran's knee conditions have been granted service connection, but the assigned disability ratings do not exceed the initial 10 percent rating.

The Veteran's claim for an increased rating and extraschedular rating for his service-connected osteoarthritis of the lumbar spine with scoliosis was granted, resulting in a 40% disability rating. The claim for TDIU remains pending.

The Veteran's residuals of a left ankle fracture were reduced from 40% to 20%, effective January 1, 2009. The reduction was upheld as there had been no sustained material improvement in the symptoms attributable to this disability.

The VA denied a higher evaluation for lumbosacral osteoarthritis, finding that the Veteran's condition did not meet criteria for an increased rating beyond 10 percent.

The Board granted a 20 percent evaluation for each of the Veteran's knees, finding that his bilateral knee disabilities more nearly approximated an overall 40 percent rating under DCs 5260 and 5261. The effective date is not specified as it was determined to be inapplicable.

The Board found that the Veteran's left hip disorder is unrelated to his military service, including to his already service-connected low back disability. The claim for service connection was denied.

The Veteran's osteoarthritis of the bilateral feet was granted service connection, with a current disability rating of 20 percent for degenerative joint disease of the right ankle.

The Veteran's initial evaluation for degenerative arthritis, right hip was granted at a rating of 10 percent from January 1, 2002 to December 9, 2008.

The Veteran's claim for service connection for arthritis of the left shoulder was withdrawn. The RO continued a 30 percent rating for his right shoulder disability, and the case is remanded for further development including a VA examination.

The Board has remanded the case for further development, including obtaining additional medical records and providing an addendum to the previous examination report.

The Veteran's service connection claims for scar tissue in the lumbar spine and degenerative arthritis of the right hip are denied as there is no evidence linking these conditions to his active service.

The case is being remanded for additional development, including review of new evidence submitted by the Veteran and issuance of a supplemental statement of the case.

The Board has remanded the case due to incomplete income and medical expense paperwork, which is necessary for determining eligibility for nonservice-connected death pension benefits. The appellant must complete these forms in order to proceed with her claim.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities were denied. The issues of entitlement to separate rating for right leg sciatica as a neurological component of the service-connected spondylolisthesis and degenerative arthritis of the lumbar spine disability, and TDIU are also addressed.