Osteoarthritis (degenerative arthritis) decisions — 2009

The Board has remanded the case to schedule a VA audiometric examination for the Veteran's bilateral hearing loss, and to review additional evidence received at the Board.

The Veteran's service-connected disabilities, which include knee and ankle conditions, do not meet the percentage rating standards for TDIU. However, the Board found that all forms of employment were not precluded solely due to these disabilities.

The Board has determined that the Veteran's degenerative arthritis of both feet is related to his active service, and thus grants service connection for this condition.

The Veteran's claim for service connection for a right kidney disorder was denied. The Board found that the right kidney disorder, which is presumed to be due to exposure to herbicides during service in Vietnam, was not caused by his service and is therefore not service-connected.

The Veteran's service-connected right ankle fracture with traumatic degenerative arthritis does not meet the criteria for vocational rehabilitation services under Chapter 31 of Title 38, United States Code.

The Board found that the Veteran was not unemployable due to his service-connected disabilities prior to June 4, 2002 and denied an earlier effective date for TDIU.

The Board has granted service connection for osteoarthritis of the left hip and right hip, both status post total hip replacement. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is dismissed as moot due to the grant of service connection.

The Veteran's back disability is not service-connected, and his right and left hip disabilities are currently evaluated at the lowest possible rating due to their limited range of motion.

The Board finds that the Veteran's low back disorder is due to an in-service injury during combat with the enemy, and service connection is granted. The claim for increased evaluation of right knee disability remains pending.

The Board has granted service connection for cervical spondylosis and multi-joint arthritis as secondary to service-connected pulmonary sarcoidosis. Service connection for spinal stenosis is denied.

The Veteran's claim for increased evaluations for his left knee conditions was denied by the RO, with a final rating of 10 percent assigned.

The Veteran's service-connected disabilities are of such nature and severity as to preclude him from securing or maintaining substantially gainful employment, warranting a TDIU.

The Veteran's nonservice-connected pension benefits are granted due to his disability determined by the Social Security Administration.

The Board denied the appellant's request for an increased evaluation of his lower back disability, finding that the evidence did not support a rating in excess of 40 percent.

The Veteran's back condition, diagnosed as mild degenerative arthritis of the lumbosacral spine and lumbosacral strain, has been rated at 20 percent disabling since January 12, 2009. The rating is based on moderate limitation of motion.

The Veteran's service-connected osteoarthritis of the lumbar spine is found to be secondary to his peripheral neuropathy. From April 29, 2005 to June 30, 2008, he was granted a rating of 10 percent for this condition.

The Veteran's service-connected right hand disability does not meet the criteria for a compensable evaluation, and his other claims are also denied.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected left knee strain, finding that his range of motion did not meet the criteria for a separate rating under Diagnostic Codes 5260 or 5261. The Board also found no evidence of instability warranting a separate rating under Diagnostic Code 5257.

The Veteran's appeal is being remanded for additional development of his Social Security Administration (SSA) records, which may be relevant to the claim on appeal.

The Veteran's gait apraxia of the bilateral lower extremities is related to his service-connected degenerative arthritis of the lumbosacral spine, and he is granted service connection for this condition.