Osteoarthritis (degenerative arthritis) decisions — 2001

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

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

The Board denied the veteran's claims for increased evaluations for hiatal hernia and degenerative arthritis with degenerative disc disease of the lumbar spine, finding that the evidence did not support a higher rating based on current symptoms. The veteran was granted a 10 percent evaluation for each condition.

The veteran's low back strain is rated at 40 percent, and his right and left knee disabilities are each rated at 20 percent. The decision grants these ratings.

The veteran's hearing loss disability is not service-connected, but his neuropsychiatric disorder and low back disorder are. The claim for an increased rating for the fracture of the left ankle remains unresolved.

The Board has granted service connection for bilateral hearing loss and left knee disability, but denied the other issues. The veteran's claim of entitlement to a compensable rating for a scalp scar is pending.