Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's left ankle disability, characterized by osteoarthritis and some limitation of motion with pain and mild instability, was found to be manifested by a 'mild' condition. The VA examiners did not find evidence supporting the application of higher rating criteria such as 'moderately severe' foot injuries or 'marked' limitation of motion.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims for service connection for a mental disorder, including MDD and PTSD, and for a right leg disability, including osteoarthritis.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine the current severity of the Veteran's service-connected bilateral foot disabilities.

The Board has determined that new and material evidence was received to reopen the claim for service connection for residuals of hepatitis. However, after reviewing all available evidence, including VA treatment records, private medical records, and the Veteran's statements, the Board finds that none of the conditions claimed are related to active service or can be presumed due to exposure to certain hazards. Therefore, the claims for service connection for these conditions have been denied.

The Veteran's service-connected disabilities, including severe back pain and limited mobility, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Veteran's claims for increased evaluations of his service-connected disabilities were granted, with the effective date being May 20, 2008.

The Veteran's right knee disability is rated at 30 percent effective December 16, 2008. The RO found that the Veteran's service-connected disabilities have rendered him unemployable.

The Veteran's claims for service connection for a right shoulder condition, tinnitus, and degenerative arthritis of the left knee were all granted. The Board found that there was at least as likely as not that these conditions are related to service.

The Board has granted service connection for left wrist sprain with degenerative arthritis, denied service connection for right foot and left foot arthritis, and continued noncompensable disability ratings for right ear hearing loss and right shoulder lipoma excision scar.

The Veteran is essentially so helpless as to need regular aid and attendance by another person, meeting the criteria for special monthly pension based on the need for aid and attendance.

The Veteran's combined disability rating is 90 percent, and he does not meet the criteria for SMC based on need for aid and attendance or being housebound due to his physical disabilities. He also does not qualify for specially adapted housing benefits.

The Veteran's right knee condition, including post-surgical residuals and osteoarthritis, has resulted in severe painful motion. The Board finds that the current level of disability warrants a 60 percent rating.

The Veteran's bilateral foot disorder, including pes planus with heel spurs and osteoarthritis of the first metatarsophalangeal joint, is currently rated at a single 10 percent rating. The Board finds that separate 10 percent ratings are appropriate for each the right and left feet from the effective date of service connection.

The Veteran's claims for increased ratings were denied as his right knee conditions did not meet the criteria for a higher rating prior to September 26, 2008.

The Veteran's low back disorder was incurred in service and the Board grants service connection for herniated disc L5-S1, spondylolisthesis with loss of lordosis (also claimed as osteoarthritis, degenerative joint disease of the lumbar spine and spondylosis of the lumbar spine).

The competent evidence is against a finding that the current degenerative disk disease, claimed as osteoarthritis, was present in service or related to service. The claim for service connection is denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and determining whether the Veteran is in receipt of Social Security Administration (SSA) disability benefits. The Veteran's service-connected disabilities are considered to determine if they render him unemployable.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and attempting to obtain medical records. The issues include seeking higher evaluations for his service-connected intervertebral disc syndrome with degenerative arthritis and left hip sciatic nerve impingement, as well as TDIU.

The Board denied the Veteran's claim of entitlement to service connection for a left arm disability, finding that it was not incurred or aggravated by his active service and is not proximately due to or the result of his service-connected anxiety disorder.

The Board has remanded the case for further development, including obtaining medical records and Social Security Administration disability file.