Osteoarthritis (degenerative arthritis) decisions — 2006

The veteran's appeal is being remanded due to his failure to report for a scheduled hearing. The case will be rescheduled at the St. Petersburg, Florida RO.

The Board denied the veteran's claims for increased ratings for his low back and neck disabilities, finding that the evidence did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The Board denied the veteran's claims for increased ratings for his lumbo-sacroiliac degenerative arthritis and right knee degenerative arthritis, finding that the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The Board denied the veteran's claims for increased ratings for residuals of a fracture of the L-2 vertebra and degenerative arthritis of the lumbosacral spine, finding that the evidence did not warrant higher ratings under any applicable diagnostic codes.

The veteran is seeking service connection for his current diagnosis of bilateral hip osteoarthritis, which he claims is related to exposure to cold weather during military service in the Korean conflict. The Board finds that a VA examination is necessary to determine if there is a link between the veteran's current condition and his military service.

The Board found that the veteran's combined disability rating of 60% does not meet the minimum percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, even if the veteran's disabilities fail to meet the statutory requirements, this case may be referred for an extraschedular evaluation on the grounds that he is unable to secure and follow a substantially gainful occupation due to service-connected disabilities.

The Board found that the veteran's current osteoarthritis of the left foot is not related to his service in the Gulf War, but was incurred during active duty. The claim for service connection is granted.

The Board has determined that a remand is required for the veteran's claims of service connection for a low back disability and increased ratings for his knee disabilities. The VA will attempt to obtain a letter from Dr. C. regarding the relationship between the veteran's service-connected knee condition and his current back disability.

The VA determined that the veteran's service-connected left knee disability, characterized by chondromalacia patella and osteoarthritis, does not meet or approximate the criteria for a higher evaluation than the current 10 percent rating.

The veteran's appeal was granted for a higher rating of 40% for his chronic lower back pain with disc space narrowing and osteoarthritis, effective March 16, 2001. The earlier effective dates for the other conditions were denied.

The veteran's appeal has been dismissed due to his death.

The VA denied an increased evaluation for the veteran's low back disability, which was already rated at 40 percent.

The veteran's claim for special monthly pension based on the need for regular aid and attendance is denied as he is not legally blind or bedridden, nor does he have any other condition that requires him to be in need of regular aid and attendance.

The Board found that the veteran's current osteoarthritis is not related to his active duty service, ACDUTRA, or INACDUTRA during his National Guard service and denied the claim.

The Board found no evidence of a nexus between the veteran's current left knee disability and his military service, thus denying service connection.