Osteoarthritis (degenerative arthritis) decisions — 2011

The VA determined that the Veteran's current back disability is not related to his military service and denied his claim for service connection.

The Veteran seeks compensation for osteoarthritis of the left shoulder, neck, and thoracic joint (chest and ribs) claimed as secondary to injury to the thoracic muscles with resection of 4th rib. The case is remanded due to inadequate examination in determining if there was aggravation.

The Veteran's service-connected residuals of a back injury, including multilevel degenerative disc disease and degenerative arthritis, are rated at 40 percent throughout the appeal period. The associated right lower extremity lumbar radiculopathy is rated at 20 percent, while left lower extremity lumbar radiculopathy is also rated at 20 percent.

The Veteran's back disability is rated at 20 percent, and his left lower extremity radiculopathy secondary to the back disability is separately rated at 10 percent. The Board finds that these evaluations are appropriate based on the evidence of record.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of the case.

The Board finds that the Veteran's service-connected bilateral knee disabilities do not warrant ratings in excess of the currently assigned 10 percent for limitation of motion and painful motion.

The Veteran's appeal is remanded to the RO for additional development, including obtaining VA and SSA records, arranging for a VA examination, and readjudicating his claim.

The Veteran's claims for higher initial ratings for his knee disabilities have been denied as the evidence does not support a finding that any of these conditions warrant a rating in excess of the currently assigned disability ratings.

The Board has determined that the Veteran's right hip disorder, diagnosed as degenerative arthritis and avascular necrosis, is not related to service or his service-connected pes planus. The preponderance of evidence does not support a finding of service connection.

The VA determined that the Veteran's degenerative arthritis of the knees was not incurred or aggravated by service, and denied his claim for service connection.

The Veteran's lumbar spine disorder has been characterized by pain and limitation of motion, but ankylosis, severe limitation of motion, severe lumbosacral strain, or intervertebral disc syndrome (IVDS) have not been shown. Therefore, the criteria for a higher evaluation in excess of 20 percent are not met.

The Board found that the Veteran's current bilateral leg disability, including PVD and other related conditions, was not present in service or for many years thereafter, and is not related to service.

The Veteran's low back and bilateral hip disabilities are not service-connected as they do not have a direct relationship to his military service. The Board finds that the current conditions are not related to any service-connected condition.

The Veteran's claim for reimbursement of unauthorized medical expenses was denied as VA did not provide prior authorization and the surgeries were deemed non-emergent.

The Board finds that the overpayment of VA disability compensation benefits was not properly created due to administrative error, and thus there is no valid overpayment. The Veteran's claim for waiver of an overpayment is granted.

The Board has granted service connection for left knee, right hip, and left hip osteoarthritis as secondary to the Veteran's service-connected right knee disorder.

The Board has remanded the case due to insufficient evidence regarding the appellant's need for aid and attendance or housebound status, requiring further examination.

The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his left knee disability, with the exception of a temporary total (100 percent) convalescence rating from August 3, 2001 through December 31, 2001.

The Veteran's chondromalacia of the right knee with degenerative arthritis is currently rated at 10 percent, effective January 31, 2003. The claim for a higher rating remains denied.

The Veteran's bilateral foot arthritis is granted as secondary to a service-connected disability. The claims for anemia, diverticulosis, coronary artery disease, peripheral vascular disease, and osteoarthritis of the hips, legs, arms, and shoulders are all denied. Service connection for hives has been reopened based on new evidence.