Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's claims are being remanded for further development, including obtaining his service personnel records and scheduling him for VA examinations to assess the nature, extent, onset, and etiology of his claimed conditions. The claims will also be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 for Persian Gulf War service.

The Board denied the appellant's claim for recognition as a child of the Veteran for purposes of receiving VA benefits due to lack of evidence showing she was permanently incapable of self-support prior to age 18.

The Veteran's claims for service connection for a lumbar spine disorder and a bone disorder other than polyarthritis/polyarthralgias have been denied. The claim for service connection for a cardiovascular disorder, respiratory disorder, arthritis/arthralgias of multiple joints (including cervical spine), left shoulder disorder on direct basis, and left arm nerve disorder has also been denied.

The Veteran's appeal is being remanded due to the need for a VA examination and consideration of new medical evidence.

The Board granted service connection for degenerative arthritis of the lumbosacral spine, finding that it was manifested as a result of active service and resolving reasonable doubt in favor of the Veteran.

The Veteran's claim for a higher rate of SMC based on need for aid and attendance is denied as the disability requiring such assistance is due to his service-connected residuals of poliomyelitis, not separate disabilities.

The appellant is not eligible for non-service-connected pension benefits due to a lack of service as an individual or member of a group considered to have performed active military service.

The Board denied the Veteran's claim of service connection for rheumatoid arthritis and osteoarthritis, finding that there was no competent evidence linking these conditions to his military service.

The Board has granted service connection for a back condition, finding that the Veteran's current lumbar spine osteoarthritis and sensory neuropathy of the hypoglossal branch of the left side of his tongue are related to his active duty service.,Service connection was also granted for a dental condition with nerve damage to the tongue. The Board found that this condition is at least as likely as not related to the Veteran's in-service dental surgery.

The Veteran's service-connected disabilities, which include a fracture of the right middle finger resulting in ankylosis of multiple fingers, cervical fusion with degenerative joint disease, scars from facial injuries, osteoarthritis of the lumbar spine, and bilateral hearing loss, do not render him unable to secure or follow substantially gainful employment. His combined disability rating is 60 percent.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and an examination.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for left ear hearing loss and arthritis of the knees, finding no new and material evidence to reopen these claims.

The Board has granted service connection for a left knee disability, including osteoarthritis and meniscectomy residuals. The Veteran's claim for an increased rating for the bruised left knee is also addressed.

The Veteran's claim for an increased evaluation of his degenerative arthritis of the lumbosacral spine with pain and radiculopathy was denied. His current combined disability rating is 50 percent, which does not meet the criteria for a higher evaluation.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his employability. The issue of service connection for right leg venous insufficiency will also be addressed.

The Board has determined that the case should be returned to the RO for further action, including affording the Veteran's representative an opportunity to review the claims folder and submit a VA Form 646 on his behalf.

The Veteran's left knee replacement has been rated at 30 percent since June 1, 2007. The Board found that the current disability does not warrant a higher rating.

The Board found that the severance of service connection for left knee osteoarthritis, right hip osteoarthritis, and intervertebral disc syndrome of the thoracic and lumbar spine was improper.

The Veteran's substantive appeal for the December 2005 rating decision was timely filed, and the Board found that the appeal should be considered as having been submitted on October 11, 2007.