Rheumatoid arthritis decisions — 2003

The Board has granted the veteran's claim for service connection for rheumatoid arthritis, finding that it is as likely as not related to his active duty for training between October 1974 and March 1975.

The Board has determined that the veteran's bilateral knee disability, diagnosed as rheumatoid arthritis of the knees, is proximately due to or the result of service-connected low back disability.

The Board found that the veteran's death was not proximately due to or the result of a service-connected disease or injury.

The Board has denied the veteran's claims for an increased evaluation for his service-connected Osgood-Schlatter's disease of the right knee and denied his claim for service connection for a left knee disorder. The evidence did not support granting either claim.

The Board has granted service connection for bilateral hearing loss. Service connection for rheumatoid arthritis is remanded due to insufficient evidence linking the condition to service.

The veteran's death was caused by multiple pulmonary emboli, fibrous pleuritis, and fibrous pericarditis. Rheumatoid arthritis, chronic thyroiditis, and chronic nodular pneumonitis were significant conditions contributing to his death but not the immediate cause. The Board denied service connection for the cause of death as there is no evidence that any condition was incurred or aggravated by service. The veteran's dependent's educational assistance claim under 38 U.S.C. Chapter 35 also failed due to lack of a service-connected disability at the time of his death.

The Board has determined that the veteran's rheumatoid arthritis was not incurred or aggravated during service and is not related to his active military service. The shortness of breath claim, secondary to asbestos exposure, will be addressed in a separate remand.

The Board found that the reduction of the rating for rheumatoid arthritis from 40 percent to 10 percent was proper, and denied the claim for an increased rating.

The Board found that the requirements for payment of attorney fees in the amount of 20 percent of past-due benefits for the time period between June 1, 1991 and July 6, 2000 pursuant to the December 17, 1997 attorney fee agreement have been met. The veteran's attorney was entitled to payment from past-due benefits.

The Board has determined that further evidentiary development is needed in this case, including obtaining additional medical records and arranging for a VA examination. The claim for service connection for rheumatoid arthritis and/or inflammatory synovitis as due to Agent Orange exposure remains denied.

The Board finds that the veteran's death was not caused or materially contributed to by his service-connected rheumatoid arthritis. The appellant did not provide evidence showing a nexus between the cause of death and any other service-connected disability, nor could she establish entitlement to DIC under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's bilateral ankle disability is related to repeated parachute jumping during his period of active service, and thus grants service connection for this condition.

The Board has determined that the veteran does not currently have rheumatoid arthritis, and therefore denied his claim for service connection.

The veteran's postoperative residuals of hypermotility of the bilateral temporal mandibular joints are currently rated as 20 percent disabling. The Board finds service connection for fibromyalgia/myofascial pain syndrome secondary to his service-connected disability is warranted. Rheumatoid arthritis and osteoarthritis of the knees were not shown in active service or within a year thereafter, and are not currently shown.

The Board found that the veteran's rheumatoid arthritis was not incurred in or aggravated by service and is not related to active service.