Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's claim for an initial evaluation in excess of 10 percent for left knee osteoarthritis was denied. The RO found that the Veteran's left knee disability did not meet the criteria for a higher rating based on limitation of motion or other diagnostic codes.

The Board has determined that the appellant does not have qualifying military service and therefore is not eligible for VA benefits.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.

The Veteran's service-connected chronic lumbosacral strain with degenerative disc disease and osteoarthritis is rated at 20 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The residuals of left hip contusion are not shown to warrant a higher rating.

The Veteran's service connection claim for chronic obstructive pulmonary disease is denied as the condition did not manifest in or was not related to his active duty. The special monthly pension based on aid and attendance of another person is also denied due to lack of need.

The Veteran's claims for service connection were denied across the board, with no compensable rating assigned for his bilateral hearing loss.

The Board denied increased ratings for left shoulder and cervical spine disabilities, as well as entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 14, 2004.

The Veteran's degenerative arthritis of the left knee was not incurred or aggravated by his active duty service. The Board found no competent medical evidence linking the current condition to his military service.

The Veteran's claim for higher ratings for his torn medial meniscus, torn anterior cruciate ligament, osteochondral injury, and osteoarthritis of the right knee has been denied. The RO found that the disability did not warrant a compensable rating prior to December 13, 2006, or a rating in excess of 10 percent from that date.

The Veteran's appeal of an April 2005 denial of the increased rating claim for service-connected rheumatoid arthritis is being remanded due to a need for clarification on whether his current degenerative arthritis is aggravated by his service-connected rheumatoid arthritis.

The Veteran's claims for increased evaluations for his service-connected right and left knee disabilities have been granted, with the right knee receiving a 30 percent evaluation.

The Board has determined that the reduction in evaluation of the service-connected post-lumbosacral strain with degenerative arthritis by x-ray from 20 percent to 10 percent was proper, as examination disclosed improvement and did not result in a reduction in overall compensation payments.

The Veteran's service-connected knee disabilities have been increased to 20 percent effective June 29, 2004. He is still seeking higher initial ratings prior to that date.

The Veteran's fibromyalgia, osteoarthritis of the cervical and lumbar spine, and degenerative disc disease of the lumbar spine are not service-connected as they were not present during his period of active duty for training (ACDUTRA).

The Veteran's claims for increased rating, service connection, and reopening of a claim are all granted. The Veteran is awarded an increased rating for his gastroesophageal hiatal hernia with reflux esophagitis, but the issues regarding his right foot disability and residuals of right hand injury remain pending.