Osteoarthritis (degenerative arthritis) decisions — 2010

The Board found that the Veteran's spinal disease and arthritis of multiple joints did not manifest within one year after service, and there is no evidence linking these conditions to his military service.

The Veteran's claim for a TDIU was denied as he does not meet the schedular criteria for a TDIU due to his service-connected disabilities. However, the issue of an increased rating for left knee disability is inextricably intertwined with the TDIU claim and must be resolved before the TDIU can be adjudicated.

The Board has determined that the evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service, thus restoring service connection for degenerative joint disease of the lumbar spine. The same reasoning applies to the restoration of service connection for osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, and L5 radiculopathy of the left lower extremity.

The Veteran's appeal is remanded for further development, including obtaining an opinion regarding the impact of his service-connected left knee disability on employment.

The Veteran's claims for increased ratings for his thoracic and lumbar spine disabilities have been denied. His separate 10 percent ratings for post-operative residuals, compression fracture, of the thoracic spine and degenerative arthritis of the lumbar spine with pain on motion were maintained prior to July 18, 2009. As of July 18, 2009, his disability was rated as 40 percent disabling.

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine, osteoarthritis of multiple joints, and acid reflux disease were not incurred in or aggravated by service. The disorders are presumed to be related to his military service due to exposure to herbicide agents like Agent Orange.

The Veteran's claim for service connection for osteoarthritis of the bilateral wrists, hands, fingers, ankles, feet, and toes is denied as there is no objective medical evidence showing a current disability. The Board finds that the Veteran does not have osteoarthritis of these joints.

The Veteran's claim for an increased rating for PTSD with depression was granted, effective February 12, 2001. The effective date of service connection for lower urinary tract symptoms (LUTS) with increased urinary frequency was also established as March 15, 2000.

The Veteran's right knee disability, including chondromalacia, medial and lateral meniscus damage, and patellofemoral degenerative arthritis, is etiologically related to his service-connected ACL deficiency of the left knee.

The Board denied the Veteran's claims for service connection for residuals of a back injury and arthritis of multiple joints, finding that there was no evidence linking these conditions to his military service.

The Veteran's claim for service connection for osteoarthritis of the feet is being remanded due to inconsistencies in his reported onset and conflicting medical opinions.

Throughout the rating period, the Veteran's degenerative arthritis of the left knee was manifested by pain and limited range of motion. The VA determined that a disability rating greater than 10 percent is not warranted.

The Veteran's service-connected left knee disability, including residuals of a menisectomy and osteoarthritis, has been rated at 30 percent for the medial menisectomy. A separate rating of 10 percent was assigned for osteoarthritis prior to January 5, 2010, and increased to 20 percent beginning that date.

Service connection for major depressive disorder was granted as secondary to service-connected disabilities.,The Veteran's right knee disability is currently rated at 10 percent and a higher rating is denied.,The Veteran's left knee disability is also currently rated at 10 percent and a higher rating is denied.,Asbestosis has been increased in evaluation to 10 percent.,Service connection for TDIU prior to May 6, 2009 was granted.

The Veteran's knee disabilities have been rated based on their current symptoms and medical evidence, but do not meet the criteria for higher schedular ratings.

The Board has determined that the Veteran's current right knee osteoarthritis is related to his active duty service and grants service connection for this condition.

The Veteran's osteoarthritis of the left and right knees, with limitations on flexion and extension, has been rated at 30 percent for limitation of extension and 20 percent for limitation of flexion. These ratings are effective June 10, 2010.

The Board found that the Veteran's osteoarthritis was not incurred or aggravated during his National Guard service, and therefore denied the claim.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.