Osteoarthritis (degenerative arthritis) decisions — 2009

The Veteran's left knee disability, characterized by degenerative arthritis and instability, is currently rated at 20 percent under the criteria for dislocation of the right knee with residual instability. The Veteran's claim for an increased evaluation for his left knee disability has been granted.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating due to their combined disability rating of 40 percent, which does not exceed the percentage requirements set forth in 38 C.F.R. § 4.16(a). However, his right knee and other service-connected disabilities prevent him from obtaining or retaining substantially gainful employment.

The Board has remanded the case due to new evidence submitted by the appellant and a need for a VA medical opinion regarding whether the Veteran's service-connected anxiety disorder contributed to his death.

The Board has remanded the case for further development, including obtaining personnel records and scheduling VA examinations to determine the etiology of the Veteran's disabilities. The claims will be reconsidered based on the additional evidence.

The Veteran's hypertension is currently rated at 10 percent, and the issues of service connection for a left ankle disability and increased ratings for his elbow and ankle disabilities are being remanded for further development.

The Veteran's appeal is being remanded for further development and examination to determine the nature and etiology of his claimed disabilities, including whether they are related to service or secondary to a service-connected disability.

The Board denied service connection for a low back disability and secondary service connection for hypertension, pain disorder, obstructive sleep disorder, sciatica of the lower extremities bilaterally, and degenerative arthritis to the low back disability due to lack of evidence linking these conditions to service or service-connected disabilities.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and a VA examination to address the nature and etiology of her knee disabilities.

The Veteran's claim for increased ratings was granted, with a 30 percent evaluation assigned for PTSD prior to October 26, 2007. The remaining claims were denied.

The Veteran's service-connected disabilities, including his severe back and knee conditions, necessitated the need for regular aid and attendance of another person. The Board granted SMC based on this need.

Throughout the rating period, the Veteran's left knee disability was productive of complaints of pain and limited motion. The objective evidence showed that at its worst, flexion and extension were from 5 to 90 degrees, with no demonstrated additional functional limitation due to pain or weakness, and no objective evidence of recurrent instability. As such, a rating in excess of 20 percent was not warranted.

The Veteran's claims for increased ratings were denied. The seronegative rheumatoid-like polyarthritis and benign prostatic hypertrophy with history of prostatitis, status post transurethral resection and bladder lesion are currently rated as 60 percent and 20 percent disabling respectively.

The Veteran's appeal for service connection for osteoarthritis of the right knee has been dismissed due to his death.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person is granted due to his mental or physical incapacity, specifically requiring assistance with most basic activities of daily living.

The Board found no evidence of a current disability related to service for either the bilateral knees or pancreatitis, and thus denied both claims.

The Board has determined that the Veteran's lumbar spine disease with degenerative disc disease and degenerative arthritis, including radiculopathy of the right leg, is related to his service. As a result, the claim for service connection is granted.

The Board has remanded the case due to insufficient evidence regarding service connection for osteoarthritis of the knees, including lack of service treatment records and conflicting statements from witnesses.

The Board finds that a new substantive appeal was timely filed, perfecting an appeal of the October 2005 rating decision that denied service connection for a low back disorder, to include degenerative arthritis of the lumbar spine with myopathy and myalgia.

The Board found that the Veteran's hypertension, degenerative arthritis of the lumbar spine, and left hip disorder were not incurred or aggravated by active duty service. The claims for secondary service connection due to a service-connected left ankle disability were also denied.

The Veteran's claim for a TDIU is being remanded due to the need for clarification of his employment status and additional development, including a VA examination.