Osteoarthritis (degenerative arthritis) decisions — 2009

The Board has remanded the case for further development, including a VA examination and additional notification to the Veteran.

The appellant's claim for an increased evaluation for his service-connected degenerative arthritis of the lumbosacral spine is being remanded due to the need for a comprehensive VA examination and compliance with Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008).

The Board found that the Veteran's claimed disabilities, including swollen and painful joints (fibromyalgia), osteoarthritis of the spine, and neuropathy of the arms and legs, were not incurred in or aggravated by active service. The evidence did not support a finding that these conditions were related to an in-service electrical shock.

The Veteran's appeal is remanded due to the need for a new VA examination to determine the extent of his right hip disability.

The Veteran's appeal involves multiple issues related to his service-connected right knee and right little finger disabilities, including requests for increased ratings and a TDIU. The case is being remanded due to the need to obtain Social Security Administration records, vocational rehabilitation folder, and address an earlier effective date issue.

The Veteran's appeal for higher ratings for his right shoulder disabilities was denied. The initial rating of 20 percent for recurrent dislocations and the current 10 percent rating for post-surgical right shoulder disability with residual partial fusion and osteoarthritis were both found to be appropriate.

The Veteran's service-connected residuals of a gunshot wound to the left femur with fracture, leg shortening, and retained foreign bodies are currently rated as 50 percent disabling. The Board finds that this rating is appropriate given the current clinical findings.

The Board found that the Veteran does not have a current, chronic shoulder disability and denied his claim for service connection as secondary to his service-connected lumbar spine condition.

The Board found no relationship between the Veteran's current lumbar spine disability and his military service, including any claimed in-service injuries. The evidence did not support a finding of service connection.

The Veteran's degenerative arthritis of the cervical spine is rated at 20 percent, and his COPD is rated at 60 percent. The Board also found that he meets criteria for TDIU.

The Veteran's left knee disability, which included degenerative arthritis and some instability, was initially rated at 20 percent prior to November 15, 2005. After surgery in November 2005, the rating was increased to 10 percent effective January 1, 2006.

The Veteran's claims for increased ratings for his cervical spine and lumbar spine disabilities are being remanded to allow for additional development, including a new VA examination.

The Board has reopened the Veteran's claim for service connection for a left knee disability and remanded the merits of the claim for additional development.

The Board found that the appellant's current low back disorders are not related to his service, including a 1968 explosion in Vietnam. The claim was denied as there is no evidence of an in-service injury or disease resulting in the current conditions.

The Veteran's meniscectomy of the left knee, osteoarthritis of the left knee, arthroscopic surgery of the right knee, and osteoarthritis of the right knee have been rated at 10 percent each. The Board has determined that a higher rating is warranted for the left knee conditions due to frequent episodes of locking, pain, effusion into the joint, and slight instability.

The Veteran's right thigh shell fragment wound with retained foreign bodies and multiple scars is rated at 10 percent disabling. The Board granted his claim for SMC based on the need for regular aid and attendance.

The Veteran's left knee disorder is currently rated at 20 percent, effective May 16, 2002. The Board found that the condition warranted a higher rating due to limitation of flexion and pain.

The Veteran's appeal was denied as the evidence did not meet the criteria for a rating in excess of 10 percent for tricompartmental osteoarthritis of the right knee prior to November 7, 2007 and a rating in excess of 30 percent for status/post-total right knee arthroplasty since January 1, 2009.

The Board has determined that the Veteran's claimed PTSD, right shoulder and right knee disabilities are not service-connected due to insufficient evidence of inservice stressors.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.