Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's left shoulder disability, which includes a history of dislocation and removal of a bone tumor, has been rated at 20 percent since July 2004. The Board has determined that the evidence supports an increase to a 30 percent rating based on more severe limitation of motion.

The Board has granted service connection for asbestosis and found that the Veteran's current diagnosis of asbestosis is related to his in-service exposure to asbestos. The issue of an initial rating in excess of 20 percent for osteoarthritis of the right ankle remains pending.

The Veteran's bilateral knee conditions are rated at the minimum level of disability, and his secondary claims for shoulder and lumbar spine disorders have been denied.

The Board denied the Veteran's claim for an effective date prior to August 16, 1994 for the grant of Total Disability based on Individual Unemployability (TDIU) due to service-connected disabilities. The TDIU was granted as of April 20, 1998, and the Board found that the Veteran's psychiatric disability rendered him unemployable prior to August 16, 1994.

The Board has determined that there is no competent or credible evidence linking arthritis of the knees and elbows to service. The Veteran's service-connected disabilities do not preclude all forms of substantially gainful employment.

The Veteran's claims for increased initial ratings for his service-connected degenerative arthritis of the thoracolumbar spine with scoliosis, bilateral hearing loss with a history of cholesteatoma, and pansinusitis were denied. The RO assigned initial staged ratings based on the date of claim or VA examination findings.

The Veteran's right knee chondromalacia and osteoarthritis are currently rated at 10 percent, but the evidence does not support a higher rating based on current symptoms or additional disability.

The Board has granted service connection for degenerative arthritis and disc disease of the lumbar spine, but denied service connection for neck disability and residuals from shrapnel wounds. The Veteran's current back condition is deemed to be due to an in-service motor vehicle accident (MVA). His neck disability is not related to his period of active service. Residuals from shrapnel wounds are also not related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical opinions regarding his ability to secure and follow substantially gainful employment.

The Board has determined that the Veteran's lumbar spine and left knee disabilities are related to her active service, with symptoms dating back to her time in the military.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for hypertension. The Veteran's current left knee and low back disabilities are found to be related to his military service.

The VA has denied the appellant's claim for an initial rating in excess of 60 percent for his service-connected asymmetric inflammatory polyarthritis, as there is no evidence showing constitutional manifestations associated with active joint involvement that would warrant a higher evaluation.

The Board has denied the appellant's claims to reopen his service connection for hip disability, cervical spine osteoarthritis, and back disability (including arthritis of the lumbar spine). The RO found that no new and material evidence had been submitted.

The Veteran's service-connected right wrist scar is rated at 10 percent, effective from the date of claim. A temporary total rating based on convalescence following his December 2006 surgery was denied as it must be denied by operation of law.

The Board has granted service connection for bilateral hip and knee disabilities, as well as right lower extremity radiculopathy, all of which are found to be proximately due to the Veteran's service-connected degenerative spondylosis of the lumbar spine.

The Veteran's right shoulder disability was rated at 10 percent prior to August 9, 2005 and later increased to 20 percent from that date. The Board found the evidence did not support a higher rating for this period.

The Board has determined that the Veteran's claims for increased evaluations and service connection are denied as there is no evidence to support the assertions of secondary service connection or a direct relationship between his current conditions and his military service.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or for adaptive equipment only due to his inability to use an unmodified vehicle.

The Board has determined that additional development of the medical record is required due to delays in obtaining necessary treatment records and a proper examination. The Veteran's claim for service connection for his right knee disorder, claimed as secondary to his left knee degenerative arthritis, will be remanded for further action.

The Board denied the Veteran's claim for service connection for patellofemoral syndrome of the bilateral knees with osteoarthritis, finding that her preexisting knee disorder clearly and unmistakably existed prior to service and did not permanently worsen or increase in severity during service.