Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's appeal for service connection for left knee osteoarthritis, to include as secondary to a service-connected right knee disability, has been dismissed due to the appellant withdrawing his appeal.

The Board denied the Veteran's claim for extension of a temporary total evaluation based on post-surgical convalescence beyond April 1, 2008 following his low back surgery in January 2008 due to lack of evidence showing severe postoperative residuals.

The Board has granted a higher initial disability rating of 20 percent for the Veteran's service-connected osteoarthritis of the right ankle, effective from August 14, 2009.

The Board has decided on some issues related to service connection and reopened/remanded other claims, but the motion for revision or reversal of the decision based on CUE is dismissed due to prior Court decisions affirming earlier Board decisions.

The Board has determined that the Veteran's right shoulder osteoarthritis had its onset during service and granted service connection for this condition.

The Veteran's initial claim for service connection for degenerative arthritis of the right knee was granted, and he is currently receiving a 10 percent evaluation. His claim for increased rating for his right knee instability has been partially granted with a 20 percent evaluation effective from March 3, 2010.

The Board has determined that the Veteran's current left ankle strain/sprain with calcifications and right knee degenerative arthritis are not related to service, and thus denied his claims for service connection.

The Board has remanded the case for further development, including obtaining treatment records and ensuring that the rating decision accurately reflects the extent of the service-connected left knee disability.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal. As a result, no further action by the Board is appropriate.

The Veteran's claim for increased ratings for her service-connected cervical spine disability was denied. The rating period from August 31, 2004 through November 7, 2005 resulted in a 20 percent rating, and the rating period from February 1, 2006 did not meet the criteria for an increased rating.

The Veteran's osteoarthritis of the bilateral hips has been rated as 10 percent disabling since his retirement from active service. The Board finds that this rating is proper and concludes that an increased rating for this condition is not warranted.

The Veteran's left ankle disability, manifested by arthritis and functional impairments of limitation of motion, pain, weakness, lack of endurance, and fatigability, is currently rated at 20 percent under Diagnostic Code 5271 for marked limitation of motion. The appeal is granted.

The Veteran's claims for service connection were all denied. The Board found that new and material evidence had been submitted, but the claim was not reopened due to lack of a nexus between the claimed conditions and service.

The Veteran's left knee disability is not rated higher than 10 percent due to the lack of evidence showing more severe symptoms such as locking, lateral instability, or recurrent subluxations.,The Veteran's bilateral plantar fasciitis with hallux valgus does not warrant a rating in excess of 10 percent as there is no objective evidence of marked deformity, pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities, or marked pronation. The impairment does not exceed that of moderate bilateral pes planus.,The Veteran's left wrist ganglion cyst has not been surgically treated and does not meet the criteria for a compensable evaluation as there are no significant symptoms or functional impairment.

The Board found that the Veteran's current cervical spine disability is not related to his active service and denied his claim.

The Veteran's service connection claims for various conditions, including coronary artery disease due to herbicide exposure in Vietnam, are granted.

The Board granted a rating of 40 percent for the Veteran's right ulnar nerve injury, which is more severe than the current 30 percent rating. The initial rating for degenerative arthritis of the right hand remains at 10 percent.

The Veteran's appeal involves multiple conditions related to knee and elbow osteoarthritis, as well as neurological disorders of the upper and lower extremities. The issues are all secondary to herbicide exposure (presumably burn pit exposure). The Board has remanded for additional STRs from September 1988 to March 1989.

The Board has reopened the claim of service connection for a left knee disability and granted it as secondary to the Veteran's service-connected right knee disability.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing. The issues of service connection and rating for his claimed conditions are not addressed in this decision.