Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's claim for service connection for degenerative arthritis of the hands was denied. The Board found that there is no evidence of current diagnosis or chronicity of this condition during service or post-service.

The Board found no evidence of a current disability related to the Veteran's service or any incident therein, and denied his claims for service connection for degenerative arthritis of the left knee and a rating in excess of 40 percent for degenerative arthritis of the right knee with valgus deformity and tricompartment disease.

The Board has reopened the Veteran's claim for service connection for a neck disorder and denied it on the merits. The current degenerative disc disease of the cervical spine is not related to service, but left shoulder acromioclavicular joint osteoarthritis is related to a left shoulder injury during service.

The Veteran's service-connected disabilities, including bilateral hearing loss, multilevel degenerative disc and spinal stenosis L1-L5 with degenerative disc disease, and spinal stenosis of the cervical spine at C6-C7 with degenerative arthritis, have resulted in a combined evaluation of 90 percent. The Veteran is in need of regular aid and attendance due to his service-connected disabilities.

The Board found no evidence of a service-connected back injury or right hip arthritis, and denied the Veteran's claims.

The Board has remanded the case to the RO for additional development due to issues related to service connection for various conditions.

The Board has remanded the case due to the need for additional VA treatment records and a new examination to determine if the Veteran's service-connected disabilities render him housebound or require regular aid and attendance.

The Veteran's service-connected lumbar spine disability did not cause his death from sepsis and urinary tract infection. The Board finds that the Veteran's dementia, which broke the chain of causation between the fall and subsequent complications, contributed to his death.

The Veteran's appeal includes claims for earlier effective dates for service connection and TDIU, as well as a claim regarding clear and unmistakable error in an August 2002 rating decision. The case is being remanded to allow the RO to develop these issues.

The Veteran's right ankle disability is currently rated at 10 percent for moderate pain and swelling after prolonged standing or walking, with a range of motion from 4 to 30 degrees dorsiflexion and 30 to 34 degrees plantar flexion. The Board finds no basis for an increased rating.

The Veteran's claims for increased ratings for his bilateral knee disabilities and tinnitus prior to July 10, 2006 were denied. The RO assigned a 100% evaluation effective July 10, 2006, for each knee due to total knee arthroplasty.

The appellant's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's current cervical spine disorder is related to his in-service fall, and thus service connection for this condition is granted.

The Veteran's right knee disability, characterized by pain, swelling, and limited motion, does not warrant a higher rating as the evidence shows that his condition is currently rated at 20 percent for recurrent subluxation or lateral instability.

The Veteran's claim for a disability rating greater than 40 percent for shrapnel wound of the right thigh involving Muscle Group XIV was denied. The claim for a rating in excess of 10 percent for traumatic degenerative arthritis of the left ankle was also denied.

The Board finds that the Veteran's left knee osteoarthritis is incurred due to active service, and his low back disability is not attributable to service. The claim for a low back disability must be remanded.

The Veteran's claim for higher initial ratings for his service-connected lumbar spine disability and associated radiculopathy was denied. The Board found that the current criteria do not meet the requirements for a rating in excess of 20 percent.

The Veteran's service-connected lumbar spine disability is rated at 40 percent, effective December 22, 2008. The Veteran's residuals of pilonidal cystectomy are not considered for rating purposes as they do not meet the criteria for a separate disability rating.

The Board has remanded the case for additional development due to inadequate examination and incomplete records.

The Veteran's claims for increased evaluations for degenerative arthritis of the lumbar spine and radiculopathy of the right lower extremity are being remanded due to new evidence submitted by the Veteran.