Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's appeal was dismissed due to his withdrawal of the issues related to hypertension, hepatitis C with fibrosis, and arthritis of the left knee. The Board did not have jurisdiction to review these issues.

The Veteran's claims for earlier effective dates for service connection are denied.,An effective date of April 14, 2005 is granted for the grant of service connection for instability of the right knee. The previous effective date of December 11, 2000 remains unchanged for osteoarthritis of the right knee with limitation of flexion and extension.,The Veteran's claims for earlier effective dates for service connection are denied.

The Board has determined that the Veteran's osteoarthritis of the bilateral hips, which required hip replacement surgery, is not related to his service or any other condition.

The Veteran's claims for higher initial ratings for his service-connected low back condition, bilateral knee conditions, and ankle disabilities have been denied. The VA examiners found that the Veteran's range of motion did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for increased disability ratings for service-connected right and left knee disabilities are being remanded due to the need for updated VA examinations.

The Veteran's claim for special monthly compensation based on loss of use of the right hand is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a new examination.

The Veteran's osteoarthritis of the thoracic and lumbar spine with kyphosis is found to be related to his period of active service.

The Veteran's claims for increased evaluations of his right and left shoulder osteoarthritis, bilateral pes planus, and TDIU are being remanded due to the need for additional medical records.

The Board has determined that the appellant is essentially so helpless as to need regular aid and attendance by another person, based on her physical disabilities including leg pain, loss of balance, deafness, vision loss, heart problems, arthritis, a thyroid disorder, constipation, stomach and pack pain, and fatigue. As such, the criteria for special monthly pension (SMP) are met.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The claims of service connection for osteoarthritis of the left knee and lateral meniscus tear and chondromalacia of the right knee are still pending, as is the claim for service connection for shoulder disabilities.

The Board has determined that the Veteran's current right and left knee disorders are not related to his military service, as there is no evidence of such conditions during or within one year after service. The VA examiner found no link between the Veteran's in-service injury and his current diagnoses.

The Veteran's service-connected gunshot wound residuals of the right knee with osteoarthritis are currently rated at 30 percent for the period from December 11, 2006 - May 22, 2007. For the earlier periods, his disability does not warrant a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and determining the current severity of his service-connected right knee condition. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is also raised.

The Veteran's appeal is remanded due to the need for a new VA examination to determine his employability based on his service-connected disabilities, as well as consideration of other relevant factors such as his educational background and past employment history.

The Veteran's claims for increased ratings for osteoarthritis of the right and left knees were denied as his conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected bilateral plantar fasciitis, left great toe osteoarthritis with hallux valgus deformity, and allergic rhinitis have been granted. However, the evaluations for these conditions remain at zero percent.

The Board has granted service connection for osteoarthritis of the lumbar spine, finding that it is likely related to an in-service injury.

The Board found that the Veteran did not timely file a substantive appeal regarding his disagreement with the initial evaluations assigned for service-connected depression, bilateral hearing loss, right knee disorder, and degenerative arthritis of the low back. As such, the appeal was dismissed.

The Veteran's TDIU claim is granted as his service-connected disabilities combine to make him unable to secure or follow substantially gainful employment.

The Veteran's spine and knee disabilities were evaluated, but the claims for higher ratings were denied as his conditions did not meet the criteria for a compensable rating under the applicable VA rating schedule.