Osteoarthritis (degenerative arthritis) decisions — 2006

The veteran's service-connected disabilities, including right knee replacement, left knee osteoarthritis, and back disorders, prevent him from engaging in substantially gainful employment.

The veteran's claims for increased ratings were denied as his conditions did not warrant a higher rating based on the evidence of record.

The RO granted a 30 percent rating for severe subluxation of the right knee effective February 13, 2004. The veteran's prior claim for higher ratings remains before the Board.

The Board found no evidence of the claimed conditions during or within one year after service, and thus denied all claims for service connection.

The Board has granted a 20 percent evaluation for the veteran's osteochondritis dissecans and osteoarthritis of the right knee, effective from June 27, 2001.

The veteran's claim for a compensable disability rating for residuals of a simple fracture of the right sixth rib has been denied as there is no evidence that any current disability is related to this rib fracture.

The Board has denied the veteran's claims for service connection for left knee strain, residuals of a shrapnel wound of the left leg, and degenerative arthritis of the right knee. The increased rating claim for chondromalacia patella of the right knee is held in abeyance pending further examination. Service connection for a scar of the right patella remains denied.

The Board has denied the veteran's claims for service connection for osteoarthritis of the right shoulder and hepatitis C. The evidence does not support a finding that these conditions are related to service.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied his claims for DIC under 38 U.S.C.A. § 1318 and DEA eligibility.

The Board has determined that the veteran's degenerative arthritis of the shoulders was not incurred in service and denied his claim for service connection. The rating for lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbar spine remains at 40 percent.

The Board granted a 30 percent rating for the service-connected residuals of a right medial meniscectomy, effective from the date of the decision. The ratings for the service-connected chondromalacia of the right knee with degenerative arthritis and left knee with degenerative arthritis remain at 20 percent and 10 percent respectively.

The Board has remanded the case for additional development due to the veteran's incarceration and unavailability of certain medical records. The RO is instructed to obtain any available treatment records from correctional facilities, arrange for a VA examination if possible, and consider all submitted evidence.

The Board has granted an increased rating of 20 percent for service-connected right knee instability and continued a 20 percent rating for recurrent patellar subluxation, osteoarthritis, history of meniscus tear, right knee. The veteran's conditions are currently rated as 20 percent disabling.

The veteran's left knee disorder was granted service connection and assigned a 10 percent evaluation effective July 7, 1995. The decision also addressed instability of the left knee from November 3, 1997 to January 12, 2005.

The veteran's service-connected bilateral hearing loss, post-traumatic osteoarthritis of the right knee, and right knee instability have all been granted with a 10% disability rating. The issue of tinnitus has been stayed due to court precedent.

The Board has granted the requested increased ratings for the veteran's service-connected bilateral hip disability and lumbosacral strain with right-sided sciatica, assigning a 10 percent rating effective from September 26, 2003 for the right-sided sciatica.

The veteran's service connection claim for a thoracic spine disorder is granted as his current degenerative osteoarthritis of the thoracic spine was incurred in service.

The Board has determined that the veteran's residuals of a fractured left ankle with non-union of the fibula and degenerative arthritis have been predominantly manifested by left ankle dorsiflexion to 0 degrees and plantar flexion to 40 degrees, slight swelling, pain on motion, pain on palpation, tenderness, some instability, weakness, and additional limitation of motion on repetitive use and with flare-ups. For the periods from August 8, 2001, to November 29, 2001, and commencing January 1, 2002, a 30 percent rating is granted.

The Board has determined that the veteran's current low back disability, specifically degenerative arthritis and degenerative disc disease, was incurred during active service.

The Board found that the veteran's current low back disability, including spinal fusion and lumbar area with osteoarthritis, was not incurred in active service.