Osteoarthritis (degenerative arthritis) decisions — 2006

The veteran's right knee disability, including residuals of torn cartilage and cyst removal as well as osteoarthritis, is rated at 30 percent due to severe impairment. The veteran's osteoarthritis does not warrant a higher rating under the applicable diagnostic codes.

The VA denied an increased rating for the veteran's degenerative osteoarthritis of the lumbosacral spine, as his disability did not meet the criteria for a higher rating.

The Board has determined that the veteran's bilateral osteoarthritis of the first MPJ with hyperalgia is related to service, and thus grants service connection for this condition.

The Board has determined that the veteran does not have osteoarthritis of the left foot and therefore, service connection for this condition is denied.

The Board found that the veteran's right hip degenerative joint disease did not warrant a rating in excess of 10 percent, as his flexion was consistently at or above 60 degrees and abduction never exceeded 15 degrees.

The veteran is seeking an increased rating for his service-connected right knee disability, which includes medial meniscectomy with osteoarthritis and deficiency of the anterior cruciate ligament. The RO must schedule a VA examination to assess the current severity of the disability and determine if additional ratings are warranted under Diagnostic Codes 5260 (leg limitation of flexion) and 5261 (leg limitation of extension).

The Board has denied the veteran's claim for an increased rating for residuals of injury to the left ankle and foot with osteoarthritis of the left ankle, finding that the current level of disability does not warrant a higher rating.

The Board denied the veteran's claim for a rating in excess of 10 percent for degenerative arthritis status post fracture of the left ankle, finding that his disability did not warrant a higher evaluation based on moderate limitation of motion. The issue of entitlement to compensation under the provisions of title 38, United States Code, Section 1151 for a left hip disability was addressed in the REMAND portion and is still pending.

The veteran's claim for a higher level of SMC was denied as he did not meet the criteria for loss or use of both hands and feet, despite having multiple service-connected disabilities.

The Board found that the veteran's current low back disorder was not present until many years after service and is not related to any incident during service. Therefore, the claim for service connection for a low back disorder was denied.

The Board determined that the veteran's residuals of a shell fragment wound of the left thigh involving muscle groups XIII and XIV do not warrant a higher rating than 40 percent.

The veteran's right knee disability is currently rated at 30 percent, the maximum schedular rating. The Board has found that a separate 10 percent rating for degenerative arthritis of the right knee is warranted based on x-ray findings and pain with limitation of motion. No higher ratings are granted as there is no ankylosis or impairment of the tibia and fibula.

The veteran's appeal has been withdrawn, and the Board is dismissing the case without prejudice.

The Board has remanded the case due to incomplete records and need for further examination regarding service connection for left shoulder and neck injuries.

The Board denied the veteran's claims for CUE in an October 1974 rating decision, finding error in a February 2003 rating decision regarding PTSD and lumbosacral strain ratings, and denying entitlement to increased ratings for PTSD with psychophysiological musculoskeletal reaction and TDIU.

The Board has granted an increased rating of 20 percent for the veteran's left knee injury residuals with degenerative arthritis, effective from February 25, 2004. The lumbosacral strain with degenerative arthritis is rated at 40 percent since February 25, 2004.

The case is being remanded for additional development, including a VA examination and adjudication of the service connection claim.

The Board denied the veteran's claims for an increased rating for his cervical spine disability, service connection for a right knee disorder, and TDIU. The veteran's cervical spine disability is currently rated at 40 percent disabling under Diagnostic Code 5243 effective September 26, 2003. His right knee disorder was not shown to be related to active duty service.

The Board granted an increased evaluation to 10 percent for the veteran's residuals of fractured jaw surgery with loss of sensation, effective from December 20, 2001. The claim for service connection for osteoarthritis of the temporomandibular joints was also granted as secondary to the service-connected condition.

The veteran's service-connected knee disabilities are rated at 20 percent each, and the Board finds that a higher rating is not warranted.