Osteoarthritis (degenerative arthritis) Board decisions

The Board denied service connection for osteoarthritis of the lower back, neck, and upper and lower extremities as not related to exposure to cold in service. The Board also denied service connection for residuals of cold injury of the hands due to lack of current disability.

The Board has determined that the veteran's herniated nucleus pulposus, status-post laminectomy does not meet or approximate the criteria for a higher evaluation than the current 40 percent rating.

The Board granted an effective date of July 31, 1992 for the assignment of a compensable rating (10%) for the veteran's service connected lumbar spine disability. The Board also granted a 20% evaluation from February 3, 1994.

The VA granted the veteran's claim for service connection for cervical spine strain with degenerative arthritis, assigning a 10% evaluation effective June 1, 2000. The decision also addressed the veteran's claim for malocclusion with TMJ dysfunction and granted it.

The VA denied the veteran's claim for an increased rating for his residuals of a neck injury with degenerative arthritis, currently rated at 40 percent.

The veteran's service-connected disabilities do not prevent him from preparing for, obtaining, or retaining suitable employment in his chosen field of catfish farming.

The Board has determined that the veteran's service-connected left knee disorder, characterized as post-operative residuals of a left knee injury with degenerative arthritis and multiple loose bodies, does not warrant an evaluation in excess of 20 percent.

The Board dismissed the appeal due to the appellant's withdrawal of both issues on appeal.

The veteran's service-connected disabilities do not prevent him from preparing for, obtaining, or retaining suitable employment in his chosen field of catfish farming.

The Board denied the claim for an increased rating and found that there was no factual basis to grant a higher evaluation. The appeal regarding the effective date of the total disability rating based on individual unemployability is also denied.

The Board denied the veteran's claim to reopen her service connection for degenerative arthritis of the right hip as there was no new and material evidence presented.

The Board has remanded the case due to insufficient evidence and needs further development before a final decision can be made.

The veteran's appeal is about the rating for his left ankle disability, which was previously rated as 30 percent disabling. The RO has requested additional development to determine if an increased rating can be granted.

The RO confirmed and continued a 20 percent evaluation for degenerative arthritis of the left hand with scar, dislocation of the thumb. The appellant requested a separate evaluation for a tender and painful scar, but the RO did not provide the necessary rating criteria. The case is being remanded to correct this evidentiary defect.

The Board has determined that a 30 percent rating is warranted for the veteran's right knee disability, and service connection for a low back disorder as secondary to his right knee disability is granted.

The veteran's claim for a total rating for compensation purposes based on individual unemployability was denied as the effective date could not be earlier than September 27, 1999 due to lack of factual ascertainability within one year prior.

The Board has determined that the appellant's actions did not constitute fraud, misrepresentation or bad faith and therefore, waiver of recovery of the overpayments of VA pension benefits is not precluded by law.

The Board has determined that the veteran's claim for nonservice-connected pension benefits was granted effective from April 11, 1990, based on his permanent and total disability due to various service-connected conditions.

The Board denied the veteran's claims for increased evaluations for various service-connected conditions, including osteoarthritis of the right knee, bilateral hearing loss disability, PTSD, chronic sinusitis, and appendectomy residuals. The RO found that these conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The VA has already assigned a 30 percent rating for the veteran's disability, and the evidence does not support an increase in this rating.