Osteoarthritis (degenerative arthritis) Board decisions

The Board has determined that the Veteran's current back disability, including old moderate comminuted L1 fracture; disc disease at L1-2, L2-3, and L5-S1; osteoarthritis of the vertebrae, and degenerative changes of the facets, is a result of his period of active service. As such, service connection for these conditions has been granted.

The Veteran's spouse is not in need of regular aid and attendance due to her various disabilities, as she can perform most self-care and activities of daily living with some assistance.

The Veteran's service-connected disabilities, in and of themselves without regard to his age, render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's lumbar spine disability, including degenerative osteoarthritis of the lumbar spine and lumbar strain, was not incurred in or aggravated by active service, directly or presumptively.

The appellant is not recognized as the surviving spouse for VA death benefits purposes, and her claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318 are denied.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the left shoulder and bilateral knee arthritis, finding no evidence of a current disability related to his military service.

The Veteran's claim for a higher rating of his left knee disability was denied, and the right knee disability claim was also denied. The denial on both claims is due to lack of evidence supporting the requested ratings.

The Veteran's initial claim for a higher rating for his degenerative arthritis of the thoracolumbar spine was denied. The RO assigned a 20 percent evaluation effective October 6, 2006.

The Board found no evidence to support the Veteran's claim that his current back disability is related to service, and denied the claim.

The Board has determined that the Veteran's claimed conditions, including hearing loss, tinnitus, a chronic right shoulder disorder, degenerative arthritis of the lumbar spine (claimed as a back condition), and PTSD or depression, are not service-connected. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board found that the evidence submitted by the Veteran does not raise a reasonable possibility of substantiating his claims for service connection for degenerative arthritis of the lumbar spine and duodenal ulcer, and thus denied reopening of these claims.

The Veteran's right hip disability is currently rated at 20 percent, effective March 22, 2005. The Board finds that the evidence supports a higher evaluation for his right hip disability.

The Veteran's knee disability led to his termination from employment with the South Carolina Department of Corrections, and he is now studying for a bachelor's degree in elementary education. The case is being referred for extraschedular consideration due to the impact on his work.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of very frequent completely prostrating and prolonged attacks for the migraine headaches, which is required for a higher rating under Diagnostic Code 8100. For tinnitus, there is no provision for separate evaluations in each ear under DC 6260.

The Veteran's low back disability was rated at 10 percent prior to May 31, 2008. The claim for reopening the chronic pulmonary condition claim is denied.

The Board denied the Veteran's claims for service connection for a disorder manifested by muscle weakness with pain of the knees, legs, and arms, as well as for osteoarthritis and rotator cuff problems of the shoulders. The evidence did not support the presence of these conditions during or after service.

The Board granted service connection for the Veteran's bilateral foot disabilities, assigning a single noncompensable rating. However, it determined that separate evaluations should be assigned for each foot due to different disability pictures in each foot. The right foot was found to have degenerative osteoarthritis of the great toe and metatarsophalangeal joint warranting a 10% evaluation.

The Veteran's initial claim for an increased rating for his service-connected low back disability was granted, with a final evaluation of 40 percent effective from April 14, 2001. The appeal is resolved in favor of the Veteran.

The Veteran's service-connected osteoarthritis of the thoracic and lumbar spine is rated at 40 percent, which is the maximum available under the applicable diagnostic codes. The Veteran's left lower extremity radiculopathy remains at a 10 percent rating.

The Veteran's appeal is being remanded for further evaluation of his right knee disability, including obtaining medical records and scheduling a VA examination.