Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's appeal for a higher disability rating for residuals of meniscectomy of the left knee prior to March 6, 2007 was denied. The claimant is not entitled to an increased rating as his condition does not meet the criteria for more than severe subluxation or lateral instability.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the thoracic and lumbosacral spine is being remanded due to a potential clear and unmistakable error in a previous rating decision.

The Veteran's claims for service connection for a left knee condition and bilateral eye conditions have been reopened. However, the evidence does not establish that these conditions were incurred or aggravated during his military service.

The Veteran's right knee disability, including instability and arthritis, has been rated at 30 percent since December 1, 2007. The decision grants the increased rating for his post-operative total right knee arthroplasty.

The Veteran's right knee disorder is considered to have been incurred during service. The Board has also found that the Veteran currently has a left knee disorder and low back disorder related to his military service.

The Veteran's claims for increased evaluations of his service-connected gout of the right ankle, degenerative arthritis of the cervical spine, and degenerative arthritis of the lumbar spine were denied. The Board found that the current ratings adequately reflected the severity of these conditions.

The Board finds that there is a preponderance of evidence against the Veteran's claim for service connection for the residuals of an injury to the lumbosacral spine, including chronic lumbar strain and degenerative arthritis. The medical evidence does not establish a nexus between any current low back disability and any incident of service.

The Veteran's claims for service connection for lipomas, bilateral hearing loss, and knee disabilities were denied. The Veteran was granted compensable ratings for scars from March 2, 2009 onwards, but not before that date. Ratings in excess of the current ones were denied for right and left knee osteoarthritis as well as laxity.

The Veteran's claim for increased ratings for his bilateral hip, heel, and finger osteoarthritis was denied. The RO found that the Veteran did not meet the criteria for a compensable or higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development of her service-connected disabilities, including examinations and consideration of new evidence.

The Veteran's service-connected left knee degenerative arthritis and gunshot wound scar of the left calf are currently rated at their maximum levels, with no additional compensation available.

The Board has denied the Veteran's claims for service connection for right foot, left shoulder, and right shoulder disabilities due to a lack of evidence showing these conditions were incurred in or aggravated by active military service.

The Board found that the Veteran's right shoulder arthritis was not incurred in or aggravated by service, and is not related to his service-connected left shoulder disability. As a result, the claim for service connection was denied.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues are about increased evaluation for osteoarthritis of the right knee and service connection for a low back disorder, which may be secondary to the right knee condition.

The Board has determined that the Veteran's low back, left knee, and right knee disabilities are not related to service. The preponderance of evidence shows these conditions were first manifested many years after service.

The Board has determined that the Veteran does not have a lumbar spine degenerative disc disease, left knee osteoarthritis, or major depressive disorder that is related to his military service, including being secondary to a service-connected right knee disability. Therefore, these claims are denied.

The Veteran's osteoarthritis was diagnosed many years after service and has not been linked to his military service, including any injury sustained in a motor vehicle accident. Therefore, the claim for service connection for osteoarthritis is denied.

The Veteran's thoracolumbar strain with osteoarthritis and GERD have been granted initial ratings of 20 percent and 10 percent, respectively. The Veteran's PTSD remains at a 30 percent rating.

The Veteran's death was not caused by his service-connected disabilities, and he did not meet the legal requirements for DIC under 38 U.S.C.A. § 1318.

The Board denied the Veteran's claims for higher ratings for mechanical low back pain and cervical osteoarthritis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to May 11, 2005, or 20 percent thereafter. The disability was rated based on its direct effects rather than any service connection theory.