Rheumatoid arthritis decisions — 2011

The Veteran's rheumatoid arthritis is service-connected and rated 100 percent. He received unauthorized private medical treatment at Mercy Medical Center on April 6, 2007 for pneumonia of the right upper lobe. VA facilities were feasibly available to provide the care required, and there was no indication that a delay in seeking treatment would have been hazardous to his life or health.

The Board has determined that there is no current evidence of a diagnosed lumbar spine disorder or residuals of iritis, and thus the Veteran's claims for service connection are denied.

The Veteran's lumbar spine disability has been granted a 60 percent rating effective June 20, 2006. The right and left lower extremity radiculopathies have also been granted increased ratings of 40 percent and 20 percent respectively from March 7, 2008.

The Board has remanded the Veteran's claims for COPD and rheumatoid arthritis due to additional development being required, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's service-connected disabilities, including radiculopathy of the bilateral lower extremities and low back disability, render him unable to secure or follow substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated during active duty service.,Service connection for rheumatoid arthritis (bilateral feet) is denied as there is no evidence of a nexus between current symptoms and service.

The Veteran's claim for an increased evaluation of his service-connected rheumatoid arthritis is being remanded due to the need for additional VA examinations and updated treatment records.

The Board has determined that the Veteran's right shoulder disability and rheumatoid arthritis did not have their onset or increase in severity during active duty, ACDUTRA, INACDUTRA, or due to injury during INACDUTRA. As such, service connection for these conditions is denied.

The Board has determined that the Veteran's rheumatoid arthritis and interstitial lung disease were not incurred or aggravated during his active service, nor are they related to any in-service injury or exposure. The claims for service connection have been denied.

The Veteran's claim for a compensable rating for left ear hearing loss with otitis media was denied. The Board found that the Veteran's current level of hearing impairment did not meet the criteria for a compensable evaluation.

The Board denied the Veteran's claims for service connection for facial burns, pseudofolliculitis barbae, sinusitis, carpal tunnel syndrome (cervical radiculopathy), skin pruritus, rheumatoid arthritis with bone spurs of the right shoulder, and a rating in excess of 10 percent for hemorrhoids. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board found new and material evidence to reopen the appellant's claim for recognition as a 'helpless child' but concluded that he was not permanently incapable of self-support at the age of 18.

The Veteran's claim for an earlier effective date for a 100% disability rating for service-connected rheumatoid arthritis was granted, with the effective date set at June 11, 2003.

The Veteran's claims for service connection were granted. His bilateral hearing loss was found to be related to his military service, rheumatoid arthritis and steroid acne are considered as resulting from or aggravated by his service-connected conditions, and the low back disability is rated higher than initially assigned.

The Veteran's service-connected rheumatoid arthritis and hand/foot cold injuries are found to have contributed substantially or materially to his death from non-small cell lung cancer, which is considered the principal cause of death.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected rheumatoid arthritis and stomach/esophagus disorder, as well as to determine if any headaches or tinnitus are related to his service-connected conditions. The TDIU claim will also be readjudicated.

The Board has granted service connection for rheumatoid arthritis, folliculitis, and sleep apnea as presumptively related to active duty in the Persian Gulf. The Veteran's claims for skin rash, flu-like symptoms, weight gain/loss, and chronic fatigue are denied due to lack of evidence linking these conditions to his military service.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining VA and SSA records, conducting a psychiatric examination, and providing VCAA notice.

The Board has determined that there is no current diagnosis of rheumatoid arthritis or osteoarthritis in the Veteran's neck or back, and thus service connection for these conditions cannot be granted.

The Veteran's claim of service connection for rheumatoid arthritis is being remanded due to the need to obtain VA treatment records and a VA examination. The Veteran also raised a new theory of secondary service connection based on his PTSD.