Osteoarthritis (degenerative arthritis) decisions — 2007

The Board has granted service connection for a right knee disability, specifically degenerative arthritis, patellar subluxation, and internal derangement of the right knee. The veteran's left knee condition is not addressed in this decision.

The veteran's knee disabilities, specifically osteoarthritis of the left and right knees with limitation of flexion, are rated at 10 percent each. The claim for separate compensable evaluations for limitation of flexion is granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to assess the veteran's back disability.

The VA denied the veteran's claim for an increased evaluation for his service-connected right knee disability, finding that the evidence did not support a higher rating based on limitation of motion.

The Board has determined that the veteran's right knee disability warrants a separate evaluation for superficial scar, but not for dislocated cartilage. The current 10 percent rating for residuals of meniscectomy with degenerative arthritis remains unchanged.

The Board has determined that the veteran's bilateral shoulder disabilities and cervical spine disability were not incurred in or aggravated by service. The preponderance of evidence is against these claims.

The veteran's claim for a higher rating for his service-connected post-operative left knee injury with osteoarthritis was denied. The RO increased the rating to 10 percent, but did not grant the requested increase. Service connection for arthritis of both feet was also denied as secondary to the service-connected left knee disability.

The Board has determined that the veteran's right thumb fracture incurred in service resulted in current osteoarthritis, and thus service connection is granted.

The VA determined that the veteran's low back disability, rated at 20 percent under DC 5295, does not warrant a higher rating as his forward flexion of the thoracolumbar spine is not limited to 30 degrees or less and he does not have ankylosis.

The veteran's service-connected residuals of a non-displaced fracture of the left knee are rated at 10 percent since April 19, 1998. The evidence does not show that he has subluxation or instability warranting a higher rating under Code 5257. He currently has slight limitation in motion/painful motion due to osteoarthritis.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for a VA examination to assess the severity of his service-connected knee disabilities.

The Board has granted service connection for the veteran's disabilities, including avitaminosis and other nutritional deficiencies, malnutrition, malaria, residuals of stroke (right-sided hemiparesis), COPD, ischemic heart disease, peptic ulcer disease, irritable bowel syndrome, antral gastritis, osteoarthritis, and degenerative disc disease. These conditions are presumed to have been incurred in service as a POW.

The Board denied service connection for degenerative joint disease of the right hip, left hip, and osteoarthritis of the right knee. The claims for leg injury, low back condition, peptic ulcer disease, and increased rating for hemorrhoidectomy were also denied.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The veteran's service-connected low back disability, right femur disability, left femur disability, right tibia disability, and left knee disability are all rated at the maximum available rating of 20 percent. The veteran's right ankle and left ankle disabilities have not been shown to warrant a higher than noncompensable rating.

The veteran's claims for increased ratings for his left knee injury and sebaceous cyst removal from the neck were denied as there is no evidence of additional disability beyond what is already provided by the current rating.

The Board denied service connection for PTSD and right knee disability, as well as the reopening of claims for right shoulder and chest injury residuals. The denial was based on lack of evidence supporting these conditions.

The veteran's appeal is remanded due to the need for a new VA examination and additional medical records, as well as further development of his claims.

The veteran's claim for an increased rating for his service-connected degenerative arthritis of the left knee is being remanded due to the need for additional development, including a new examination and obtaining relevant medical records.

The Board found that the evidence submitted since the last final denial does not raise a reasonable possibility of substantiating the claim for service connection for a right knee disability, as there is still an unestablished fact (the nexus between the current disability and in-service disease or injury) required to meet the criteria for service connection.