Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's right ankle osteoarthritis with nonunion of the talus was initially granted a 10% disability rating prior to April 15, 2009. From April 15, 2009, he is now rated at 20%. The maximum schedular rating under Diagnostic Code 5271 for marked limitation of ankle motion has been assigned.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his right knee and lumbar spine disorders.

The Board has determined that the Veteran's right knee condition does not warrant a rating in excess of 20 percent, and his left knee condition does not warrant a rating in excess of 10 percent.

The Veteran's service-connected disabilities have rendered him unemployable, considering his educational and occupational background.

The Veteran's degenerative arthritis of the right shoulder, status post-dislocation is currently rated at 10 percent. The RO denied an increased rating as there was no limitation to shoulder level.

The Veteran's claims for increased disability ratings for his service-connected left shoulder, right knee, and left knee disabilities have been denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Veteran's service-connected IVDS with radiculopathy and osteoarthritis of the thoracolumbar spine is now rated at 40 percent effective May 14, 2008. The previous ratings for L4-L5 disc bulge with radiculopathy (lumbar spine disability) and arthritis of the thoracic spine from T9 to T12 remain unchanged.

The Veteran's claim for an initial rating in excess of 10 percent for chondromalacia and degenerative arthritis of the right knee was denied because she failed to report to a VA examination scheduled for January 2009.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and right hip have been rated at their maximum allowable levels, with no further increase in rating granted.

The Board finds that the appellant is not in need of regular aid and attendance or substantially confined to her home due to her disabilities, and therefore does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has denied the Veteran's claims for service connection for degenerative joint disease-osteoarthritis, right and left rotator cuff disorders, and left hip replacement as there is no evidence of their onset during or within one year after service.

The Veteran's service-connected disabilities, while rated at a combined evaluation of 70 percent, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Board denied service connection for osteoarthritis of the left ankle, degenerative joint disease of the left shoulder, and status post rotator cuff repair of the right shoulder with degenerative joint disease. The Veteran's claims were not supported by medical evidence linking his current conditions to his military service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions and providing Vazquez-Flores compliant notice.

The Board denied the appellant's claim for special monthly pension (SMP) by reason of the need for regular aid and attendance of another person or due to being permanently housebound, finding that her health disorders do not meet the criteria for SMP.

The Board denied service connection for osteoarthritis of the hips, knees, and feet due to a lack of evidence linking these conditions to active military service.

The Board denied service connection for left and right knee injuries, chronic headaches, and a low back disability. The Veteran's knee conditions are not considered to be directly related to his military service.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not meet the criteria for higher ratings or service connection.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria based on his service-connected disabilities.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim will be reconsidered after these steps are completed.