Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's appeal is being remanded for further development, including obtaining his service personnel records and treatment records to verify the stressor incident and to obtain VA examinations for psychiatric disorders, bilateral knee disorder, and right hip disorder.

The Veteran seeks an earlier effective date for the award of service connection for sciatica with L2-L3 radiculopathy and degenerative arthritis of the cervical spine with radiculopathy. The Board finds that an effective date of October 29, 2003, but not earlier, is warranted for the former claim. However, the Veteran's September 27, 2004, claim for service connection for degenerative arthritis of the cervical spine with radiculopathy represents a new claim and thus an effective date prior to this date is denied.,The Board finds that neither a formal nor informal claim of entitlement to service connection for a cervical spine disorder was received prior to September 27, 2004. Therefore, an earlier effective date for the award of service connection for degenerative arthritis of the cervical spine with radiculopathy is denied.

The Veteran's appeal has been withdrawn by his authorized representative.

The Board denied the Veteran's claims for initial compensable ratings for osteoarthritis of the lumbar spine, right ankle disability, and left knee disability.

The Veteran's claims for increased ratings for degenerative arthritis of the feet and bilateral hallux valgus were denied as there was no evidence showing occasional incapacitating exacerbations or severe impairment equivalent to amputation.

The Board determined that a low back disability, including degenerative arthritis and disc disease of L4-5 with probable spinal stenosis, is not proximately due to or aggravated by the Veteran's service-connected osteomyelitis of the left ilium. The current low back disability was also found not to be related to his service.

The Board has granted service connection for right knee osteoarthritis, finding that it is etiologically related to the Veteran's military service. The claims for back, right hip, and right foot disorders are remanded due to a lack of adequate examination opinions.

The Board has determined that the Veteran does not have a left foot, left knee, or low back disability that is related to his military service.

The Veteran's histiocytosis X disability warranted an extra-schedular rating of 100 percent for the period prior to January 28, 2008.

The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis of the low back was denied. The appeal will be further reviewed as part of a REMAND process.

The Veteran's service-connected traumatic and degenerative arthritis of the lumbar spine with disc bulges is currently rated at 40 percent, effective from the date of the January 2010 rating decision. The Veteran also has a separate compensable disability rating for right leg radiculopathy secondary to his spinal condition.

The Board denied the Veteran's claim for service connection for a bilateral knee disability as secondary to a service-connected disease or disability, including his previously denied claim for service connection for bilateral pes planus.

The Veteran's service-connected disabilities, including systemic lupus erythematosus with anemia, thrombocytopenia, polyarthralgias and leucopenia, bronchitis (to include asthma), right knee arthritis, low back strain, temporomandibular joint subluxation, hypertension, and tarsal tunnel syndrome of the right foot, combine to a level of overall disablement that would likely render her unemployable given her vocational and educational circumstances. The Board finds that a TDIU rating is warranted.

The Board has remanded the claims for service connection due to additional development being required.

The Veteran's service-connected cervical sprain with osteoarthritis and residuals from a fracture of the right distal radius have rendered him unable to secure or follow a substantially gainful occupation, warranting TDIU.

The Veteran's chronic lumbosacral strain with mild osteoarthritis does not meet the criteria for an evaluation in excess of 40 percent due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's left knee disorder is service-connected as it was incurred during active duty.,The Veteran's right knee disorder is secondary to his service-connected left knee disorder.

The Veteran's right hand disability, including residuals of shell fragments and degenerative arthritis, is currently rated as 10 percent disabling. The Board finds that the current rating adequately reflects the severity of his condition.

The Veteran's appeal was dismissed due to his death.

The Board denied claims for service connection for an acquired psychiatric disorder other than PTSD and for a higher rating for the left knee disability. The effective date of the increased rating to 30 percent for the left knee disability was not addressed.