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Degenerative Arthritis

Degenerative Arthritis

TL;DR What You Need to Know
  • Quasi-presumptive - If service-connected for degenerative arthritis, other joints CAN be connected without medical opinion
  • Requirements - Other joint must not have suspected causes like age, injuries, or other conditions
  • DDD excluded - Degenerative disc disease is NOT considered degenerative arthritis
  • Rater override - Raters CAN override unfavorable examiner opinions if quasi-presumptive applies

By far the strangest quasi-presumptives.

If you are service-connected for Degenerative arthritis then ANY other joint diagnosed with degenerative CAN be service-connected WITHOUT a medical opinion! (V.iii.1.C.2.b.)

In order to qualify the other joint(s) MUST:

  • Not have other suspected causes.

    • Examples include: Advanced age, injuries to the joint, and having other diagnosed conditions involving the same joint.

IMPORTANT NOTES:

  • Degenerative disc disease is NOT considered degenerative arthritis for VA purposes.

  • If an Examiner gives an unfavorable medical opinion and the claimed joint qualifies under this quasi-presumptive the rater CAN override the examiner!

MOST raters WILL mess this up and if you feel like this applies to you then you should cite the reference and file a HLR.