Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has granted service connection for osteoarthritis of the lumbar spine and radiculopathy, right lower extremity. The Veteran's claim for bipolar disorder was denied as it is not related to his military service.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no credible evidence linking his untimely death to his military service or to his service-connected right knee disorder.

The Veteran withdrew his appeals on both PTSD and degenerative arthritis, right knee claims prior to the Board's decision.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his active service or any service-connected disabilities.,The Board granted an initial compensable evaluation of 10% for right knee osteoarthritis/degenerative joint disease (DJD) and chondromalacia, effective from March 22, 2011.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted. Separate ratings of 10 percent each have been granted for his peripheral neuropathy in both lower extremities.

The Board has determined that the Veteran does not meet the criteria for service connection for the claimed conditions, including migraine headaches, fibromyalgia, left ankle osteoarthritis and ankylosis of bilateral hand, fingers, wrist, elbow, shoulder disorders.

The Veteran's osteoarthritis of the left knee is service-connected. The Board has remanded to determine if his right knee osteoarthritis is secondary to his service-connected left knee osteoarthritis.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability. The issues of diabetes mellitus, increased rating for residuals of right tibia fracture, and reopening of peripheral neuropathy of lower extremities are also being addressed.

The Veteran's left shoulder acromioclavicular osteoarthritis was granted service connection. The Veteran's lumbar spine disability, including arthritis and degenerative disc disease L4-5 and L5-S1 with first degree spondylolisthesis of L-5, is rated at 40 percent since January 5, 2006.

The Veteran's appeal involves claims for service connection, a reduction in rating for bilateral hearing loss, and an earlier effective date for his cervical spine disability. The case is being remanded to allow clarification of the evidence regarding the March 2010 audiogram and to schedule the Veteran for a travel board hearing.

The Veteran's claims for increased ratings for left knee osteoarthritis and hypertension were denied as the evidence did not meet the criteria for higher evaluations under applicable rating criteria.

The Veteran is entitled to a total disability rating for compensation purposes based on individual unemployability prior to April 28, 2010 due to service-connected disabilities preventing him from obtaining or retaining substantial gainful employment.

The Veteran's claim for an increased evaluation for his service-connected osteoarthritis of the left knee is being remanded due to the need for additional medical examination and treatment records.

The Board found that the Veteran's current right knee disability is not related to his military service and denied his claim for service connection.

The Veteran's postoperative hemorrhoids with perirectal abscess and fissures disability is currently rated as 20 percent disabling, effective April 1991. The claim for a higher rating remains denied.,A separate compensable evaluation for pruritus ani is not assignable.,The reduction of the schedular disability rating from 30 percent to noncompensable for prolapse of the rectum was improper and is void ab initio.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for asbestos lung disease prior to December 19, 2002. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for peripheral vascular disease prior to July 27, 2006. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for glaucoma prior to November 27, 2007. The effective date for this grant remains denied.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, and lumbar strain, is related to his service. The condition had its onset during active duty.

The Veteran's claims for increased ratings were denied. The left knee disability was not rated in excess of 20 percent, the back disability prior to April 27, 2006 was rated at 10 percent, and after that date it did not warrant a higher rating. The foot disorders, scar from little finger laceration, and skin disability were all denied.

The Veteran's ankylosing spondylitis of the lumbar spine with degenerative arthritis is currently rated at 40 percent, which nearly approximates the criteria for a higher rating.

The Veteran's right hand disability has been rated at 10 percent, and the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for unfavorable or favorable ankylosis of the ring and little fingers.