Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's service-connected left knee disability, characterized by limitation of flexion and extension, tenderness over the medial aspect of the joint line, crepitus, x-ray evidence of osteoarthritis, and subjective complaints of pain with pain on motion, does not warrant a rating in excess of 10 percent.

The Veteran's service-connected disabilities did not render him eligible for TDIU from August 30, 2004 to September 9, 2009 under the schedular percentage requirements. However, he was denied TDIU as his disabilities alone did not prevent him from securing and following substantially gainful employment.

The Veteran's appeals for increased disability ratings on his service-connected gunshot wound of the left buttock, degenerative disc disease of the thoracolumbar spine with osteoarthritis of the sacroiliac joint, and degenerative joint disease of the left hip have been dismissed due to withdrawal by the Veteran.

The Veteran's service-connected lumbar spine degenerative arthritis and disc herniation was granted a disability rating of 40 percent effective November 3, 2006. The Board found that the condition did not meet criteria for an increased rating prior to this date.

The Veteran's osteoarthritis of the left hip, which required a total hip arthroplasty, is found to be due to his service-connected right foot disability.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is manifested by functional debility equating to severe limitation of motion, with forward flexion limited to 30 degrees when pain on motion is considered. The RO granted a rating of 40 percent for this condition.

The Veteran's seronegative polyarthritis of the thoracolumbar spine, knees, hands, and shoulders is not manifested by weight loss and anemia productive of severe impairment of health or severely incapacitating exacerbations occurring 4 or more times a year. Therefore, his claim for a higher disability rating is denied.

The Board has remanded the case to the RO for development and readjudication due to a lack of VA examinations addressing the etiology of the Veteran's current basal cell carcinomas and osteoarthritis.

The Board has determined that the Veteran's left knee disorder is as likely as not caused by his service-connected right knee disability, and thus grants the claim for secondary service connection.

The Board denied service connection for the cause of death, concluding that there was no evidence showing that the Veteran had COPD or renal disease during service and that his service-connected right knee disability did not contribute to his death.

The Veteran's appeal is remanded due to the need for additional medical examination and review of his claims file. The issue remains whether he is entitled to an initial evaluation in excess of 10 percent disabling for residuals, right tibia and fibula fracture, distal ?, with decreased range of motion, right ankle.

The Board denied the Veteran's claims for service connection for right knee status post total knee arthroplasty and lumbar spinal stenosis status post laminectomy, finding that there was no evidence of a nexus between these conditions and his active service or any service-connected disability.

The Board denied the Veteran's claim for service connection for a right knee disability, finding no evidence of chronic right knee disability in service and insufficient evidence to connect current osteoarthritis to his service.

The Veteran's appeal for higher initial ratings for his service-connected lumbar and cervical spine disabilities has been denied. The Board found that the evidence did not support a schedular disability rating greater than 10 percent for any portion of the appeal period.

The Veteran's service-connected left knee disability, characterized by residual instability and early osteoarthritis, does not warrant a higher initial rating than the current 10 percent assigned under Diagnostic Code 5259.

The Board has determined that the appellant is not entitled to special monthly pension benefits based on the need for regular aid and attendance or as a result of being housebound due to her various disabilities, which do not meet the criteria set forth in VA regulations.

The Veteran's service-connected left knee and right hip disabilities were not rated higher than the current assigned disability ratings during the period from February 18, 1998, until October 6, 2004.

The Veteran's appeal is being remanded for additional development of relevant evidence, including an examination to assess the severity of his service-connected degenerative arthritis of the right shoulder and degenerative joint disease of the left knee.

The Veteran's claims for clothing allowances for calendar years 2004 and 2007 are being remanded to the VAMC for further development, including obtaining additional medical records and ensuring compliance with previous Board instructions.

The Board has granted service connection for the Veteran's degenerative arthritis of the lumbar spine, finding that it is likely due to injuries sustained during active duty.