Osteoarthritis (degenerative arthritis) decisions — 2007

The Board denied the veteran's claim for a rating in excess of 40 percent for osteoarthritis of the thoracolumbar spine with wedging at T-12, and granted a separate 20 percent rating for residuals of a compression fracture of the dorsal spine.

The Board denied the veteran's claims for higher evaluations for his service-connected left knee injuries and degenerative arthritis, finding that the current ratings adequately reflect the severity of his disabilities.

The veteran's appeal is remanded due to the need for a VA examination and additional records, as his right knee disability has been rated at 100 percent since September 2006 following total knee replacement.

The veteran's service-connected right and left knee disabilities rated at 10% each do not meet the criteria for TDIU as they are not shown to be of such nature or severity as to preclude his participation in any regular substantially gainful employment.

The veteran's right knee disability, characterized by full extension and flexion to more than 100 degrees with additional limitation of function due to pain and weakness, has been rated at 30 percent since July 13, 1998.

The veteran's service-connected degenerative disc disease and osteoarthritis of the lumbar spine is currently rated at 40 percent, which is the maximum schedular rating under the old criteria. The new general rating formula for diseases and injuries of the spine does not change this rating as it still meets the criteria for a severe lumbosacral strain.

The Board has remanded the case for further development to determine if the veteran's right knee osteoarthritis is related to his service-connected left knee disability or incurred during active duty.

The veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and left shoulder arthralgia were granted, with a rating of 40 percent for the lumbar spine effective prior to November 22, 2005.

The veteran's right ankle disability is currently rated as 20 percent disabling due to limitation of motion. The Board finds that the evidence does not support a higher rating, and thus denies his claim for an increased evaluation.

The veteran's initial claim for increased ratings for bilateral knee disabilities was denied. The RO found that prior to April 2005, the knees did not meet criteria for a higher rating due to lack of limitation of motion or incapacitating exacerbations. Since April 2005, there is evidence of limited flexion and effusion in both knees, warranting separate 20% ratings under DC 5258.

The Board has determined that the veteran's left knee disability, characterized by mild osteoarthritic changes and limitation of flexion to 110-115 degrees, does not warrant a rating in excess of the current 10 percent evaluation.

The veteran's disability due to osteoarthritis of the lumbar spine with a bulging disc is not manifested by pronounced intervertebral disc syndrome, ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring bed rest prescribed by a physician. Therefore, his claim for a higher rating is denied.

The Board has denied the veteran's claim for service connection for osteoarthritis of the left knee, finding no evidence linking this condition to his military service.

The Board denied an increased rating for postoperative impingement of the left shoulder, finding that the current level of disability does not warrant a higher evaluation.

The Board found that there is no relationship between the veteran's current right leg and knee disabilities and his service-connected right foot disability. The veteran's right leg and knee disabilities are determined to be age-related.

The Board found that there is no evidence to support a direct service connection for degenerative arthritis of the left knee. The veteran's current left knee disability is not considered to be caused by or aggravated by his service-connected traumatic arthritis of the left ankle.

The Board has ordered a remand for further development, including a VA examination to determine if the veteran's current left foot/ankle disability was aggravated by service and contributed to his current condition.

The Board found that the veteran's claim for an earlier effective date of July 1, 2000 (the date his temporary total disability rating expired) was not factually ascertainable prior to September 2002. The RO granted TDIU in March 2003 with this effective date.

The Board found that the veteran's Raynaud's phenomenon was not incurred in service and denied his claim for service connection. The osteoarthritis of the hands and fingers issue is remanded.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, residuals of a right knee injury including patellofemoral degenerative joint disease, and left knee disability under 38 U.S.C.A. § 1151 due to lack of evidence linking these conditions to his military service.