Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of service connection for various conditions are under review.

The Veteran's cervical spine and thoracic spine conditions have been granted a disability rating of 40 percent, effective as of the date of this decision. The lumbar spinal stenosis condition has also been granted a disability rating.

The Board denied the Veteran's claims for increased evaluations for degenerative arthritis of the right knee and left knee strain, finding that the evidence did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The Veteran's right knee osteoarthritis is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5260-5003. The appeal for an increased rating is denied.

The Veteran's left knee disability is the result of an injury incurred or aggravated in line of duty during active duty for training, and the Board grants service connection for osteoarthritis of the left knee.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective from September 1, 2004. The Board has determined that the Veteran's radiculopathy of the right and left lower extremities warrants separate 10 percent ratings.

The Board denied the Veteran's claims for service connection for hearing loss and degenerative arthritis of multiple joints, finding that there was no evidence of a chronic disability or any link to service.

The Veteran's claim for an earlier effective date for VA pension benefits was denied as the evidence did not show he was permanently and totally disabled prior to November 1999.

The Veteran's claimed left knee disability and bilateral hip arthritis are not found to be related to her service-connected left foot disability.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to their severity and nature.

The Veteran meets the criteria for special monthly pension on account of being housebound due to his multiple disabilities independently rated at more than 60 percent.

The Board has remanded the case for further development, including a VA examination and additional notification to the Veteran.

The Veteran's appeal is remanded due to the need for a new VA examination to determine the extent of his right hip disability.

The appellant's claim for an increased evaluation for his service-connected degenerative arthritis of the lumbosacral spine is being remanded due to the need for a comprehensive VA examination and compliance with Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008).

The Board found that the Veteran's claimed disabilities, including swollen and painful joints (fibromyalgia), osteoarthritis of the spine, and neuropathy of the arms and legs, were not incurred in or aggravated by active service. The evidence did not support a finding that these conditions were related to an in-service electrical shock.