Osteoarthritis (degenerative arthritis) decisions — 2013

The Veteran's right knee degenerative joint disease is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted for this condition.

The Board finds that a low back disorder, to include degenerative disc disease of the lumbar spine with degenerative arthritis, was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred in service.

The Veteran's service-connected degenerative arthritis of the spine and associated radiculopathy involving the left lower extremity have been rated at 20 percent since August 10, 2009. The initial rating remains unchanged from a previous 10 percent rating prior to that date.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Veteran's service-connected osteoarthritis of the left hip is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's service-connected disabilities do not render him unemployable, and therefore he is not entitled to a TDIU.

The Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is found to be etiologically related to his military service.

The Veteran's appeal for service connection for osteoarthritis, coronary artery disease and a bilateral foot disability was dismissed as the Veteran withdrew his claims during the July 2010 hearing.

The Veteran's claims for increased ratings for left knee osteoarthritis and impairment of the left tibia and fibula were denied. The Veteran was granted a noncompensable rating for his left knee osteoarthritis, but a separate compensable rating is warranted based on instability.

The Board has requested additional medical records and an addendum opinion to determine if the Veteran's current bilateral knee disability is related to service or service-connected disabilities. The appeal will be remanded for these actions.

The Veteran's death was not due to any service-connected disability, and the appellant did not provide evidence of exposure to Agent Orange or other herbicides. As a result, the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Veteran's current bilateral knee disability, diagnosed as osteoarthritis with advanced tricompartmental degenerative joint disease, is not service-connected because the claimed condition of chondromalacia patellae was not present during active duty and is not related to any in-service injury or illness.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The claims of service connection for various disabilities, including those related to Agent Orange exposure, will be processed after the hearing.

The Veteran's claim for a higher evaluation for degenerative arthritis of the lumbar spine was denied, and her TDIU prior to August 13, 2009, claim was also denied. The RO/AMC increased the rating from 20% to 40% effective August 13, 2009.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. He has requested rescheduling and the motion is granted.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran did not sustain an injury to either hand or experience chronic symptoms of right or left hand disabilities in service, nor are they related to active service.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and scheduling a VA examination to determine the nature of his right third finger disability and whether it is related to service.

The Veteran's cervical spine disability is rated at 30 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's right knee and low back disabilities are not service-connected, as they are not at least as likely as not caused or aggravated by his service-connected left knee disability.