Osteoarthritis (degenerative arthritis) decisions — 2000

The Board finds that the veteran's left knee osteochondritis dissecans does not warrant an evaluation in excess of 20 percent, as it primarily manifests by instability and arthritis. The disability is currently rated at 20 percent.

The Board found that the veteran's polyarthritis was not caused by VA medical treatment, including his use of Gemfibrozil. The bilateral hip degenerative joint disease with bilateral total hip replacements, degenerative joint disease of the right knee, and degenerative disc disease of the lumbosacral spine were also determined to be unrelated to VA treatment.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for his left knee disability, which is currently rated based on degenerative arthritis. The evidence did not support a higher rating.

The veteran's lumbosacral strain with spondylolisthesis, right knee injury, degenerative arthritis of the right knee, and left shoulder injury are all rated at their highest possible levels. The scar of the right lower leg is also rated appropriately.

The Board denied the veteran's claims for higher ratings for his service-connected right knee disorder and cervical spine disorder, finding that the current evaluations of 10 percent are appropriate based on the evidence.

The Board has granted a 30 percent evaluation for the veteran's service-connected status post partial meniscectomy, right knee disability due to severe impairment.

The Board denied an increased rating for the postoperative residuals of a right knee injury, finding that the schedular evaluations were adequate and no unusual circumstances existed to warrant an extraschedular evaluation.

The veteran's service-connected disabilities did not render him unemployable prior to August 23, 1996. His TDIU was granted effective from that date.

The Board denied the veteran's claim for an effective date earlier than March 18, 1999 for his nonservice-connected disability pension benefits. The evidence showed that entitlement to these benefits arose on or after March 18, 1999.

The Board has granted a 100% evaluation for post-traumatic stress disorder, effective prior to May 22, 1998. The issues of an increased rating for the right buttock gunshot wound and service connection for osteoarthritis of the right hip and lumbosacral spine are remanded due to conflicting findings and diagnoses.

The Board has determined that the veteran's postoperative instability of the right knee warrants a separate compensable rating of 10 percent.

The Board has determined that an increased rating for residuals of a gunshot wound to the left shoulder is not warranted, as the veteran's disability currently meets the criteria for a 30 percent evaluation. The issues regarding secondary service connection for cervical spine and acromioclavicular joint disorders are also addressed.

The veteran's PTSD and residuals of a left ankle fracture are rated at the maximum available. The chronic neck strain is granted with a 10 percent rating, but no increase in evaluation is granted. Service connection for degenerative arthritis of the lumbar spine is not addressed.

The Board has granted service connection for tendonitis of the right ankle, plantar wart of the right foot, and degenerative arthritis of the right great toe. The veteran is currently rated at a 10 percent evaluation for each condition.

The veteran's service-connected left shoulder disability, diagnosed as rotator cuff insufficiency and chronic impingement syndrome of the left shoulder, was granted. The right knee disability is currently rated at 20 percent for postoperative residuals with degenerative arthritis.,Service connection for the left foot disability has been established, and it is currently rated at 10 percent. Service connection for the low back disability has also been established, with a rating of 20 percent. The veteran's gynecomastia condition was granted service connection, with a compensable rating of 10 percent.

The veteran seeks service connection for various conditions, including a cardiovascular disorder (hypertension), cervical spine disorder, lumbosacral spine disorder, and lower thoracic kyphosis with osteoarthritis. The Board finds that additional development is required to determine the nature and etiology of these conditions.

The Board denied the veteran's claims for a certificate of eligibility for assistance in acquiring an automobile or other conveyance and specially adaptive equipment, as well as financial assistance in purchasing special adaptive housing. The appeals were dismissed due to the Court's remand order.

The Board has remanded the case for additional development, including obtaining missing service medical records and a VA examination to determine the current severity of the veteran's service-connected residuals of a fractured right ankle.

The veteran's service-connected right knee disability, characterized by chondromalacia of the right patella with tear of the anterior cruciate ligament and osteoarthritis, is currently rated at 20 percent. The Board has determined that a higher rating is not warranted under the provisions of Diagnostic Code 5257 (recurrent subluxation or lateral instability) due to moderate instability. A separate evaluation for degenerative arthritis was granted.

The veteran's claim for a higher rating for his service-connected residuals of left radius fracture is being remanded due to conflicting medical evidence and the need for further examination.