Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's claims for increased ratings for his left knee disabilities are being remanded due to the need for additional service treatment records.

The VA denied a higher evaluation for cervical spine osteoarthritis prior to July 11, 2006, as the evidence did not meet the criteria for a higher rating.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected disabilities and their impact on his ability to use adaptive equipment.

The Board has remanded the case for readjudication of the TDIU claim after the grants of service connection for degenerative arthritis of the right knee and ankle, as his combined evaluation now meets the schedular criteria for a claim for TDIU.

The Veteran's claims for service connection for various conditions, including arthritis in both hands and numbness of the bilateral arms and hands, were denied as there is no evidence to support a nexus between these conditions and active duty service. The Board found that any current disorders are not related to service or to any service-connected disability.

The Veteran withdrew his appeal prior to a decision being made.

The Veteran's left knee disability, characterized by pain, swelling, stiffness and limited range of motion, was rated at 20 percent effective from May 8, 2006 to January 10, 2007.

The Veteran's claim for a rating in excess of 40 percent for his low back disability was denied. However, the July 26, 2001, decision denying service connection for degenerative arthritis of both hips was found to be CUE.

The Veteran's service-connected osteoarthritis of the right knee was evaluated as 10 percent disabling from March 17, 2006 to August 25, 2006. From August 25, 2006 until October 15, 2006, he was granted a 40 percent evaluation for limitation of motion due to osteoarthritis of the right knee. Beginning October 16, 2006, his disability remained at 10 percent. From October 16, 2006 until February 20, 2007, he was granted a separate 20 percent evaluation for lateral instability of the right knee.

The Veteran's claims for increased ratings for his service-connected knee disabilities are being remanded due to the need for additional examination and consideration of newly obtained evidence.

The Board has granted a 20 percent rating for the Veteran's degenerative arthritis of the right knee from January 29, 2002 to April 27, 2006. The Veteran's residuals of a right knee medial meniscectomy with mild medial compartment and patellofemoral chondritis are not productive of subluxation or more than slight instability.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with the effective date being November 17, 2008. The claims for increased ratings of his left and right knee disabilities were not addressed in this decision.

The Veteran's claims for service connection for osteoarthritis of the spine, hips, and knees, as well as his claim for a higher initial evaluation for diabetes mellitus, were denied. The Board found that there was no evidence linking these conditions to service or post-service treatment.

The Veteran's right great toe disability has been rated at 10 percent since August 2002. The Board found that the current rating adequately reflects his symptoms and denied a higher rating.

The Veteran's current disabilities are not due to the 1989 motorcycle accident, which occurred outside of VA care and treatment.

The Veteran's claims for increased evaluations for degenerative arthritis of the right and left knees have been denied as there is no evidence of limitation of motion or instability that would warrant a higher evaluation.

The Veteran's service-connected right hip and knee disabilities are rated at 10 percent each since November 18, 2005. The issue of a 10 percent rating for multiple noncompensable service-connected disabilities is moot.

The Veteran's claims for service connection for fibromyalgia and osteoarthritis, including as secondary to his service-connected shell fragment wounds of the feet and/or left knee, are being remanded due to scheduling error.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a left knee disability. The Veteran's TDIU claim is also denied as his disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's right knee disability is rated at 30 percent and his left knee replacement is effective September 11, 2007. The Veteran was granted service connection for the left knee replacement but denied a TDIU due to his service-connected disabilities not preventing him from securing or following all substantially gainful occupations.