Osteoarthritis (degenerative arthritis) decisions — 2010

The Board denied the Veteran's claim for CUE in a May 1972 rating decision that reduced his left knee disability rating from 10 percent to noncompensable. The Board found no clear and unmistakable error.

The Veteran's claims for bilateral hand disorder, right knee bursitis, and gastroesophageal reflux disease were denied. The Board found no current chronic disability of the hands or knees, and insufficient evidence to establish a service connection for GERD.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the right hand, left hand, and left knee due to a lack of evidence showing these conditions were incurred during active duty.

The Board has determined that the Veteran's current bilateral hip osteoarthritis did not develop as a result of service, including exposure to cold water during his time in the English Channel. The claim for service connection is denied.

The Veteran's bilateral pes planus, left ankle osteoarthritis, and anxiety disorder have been granted initial ratings of 10%, 20%, and 10% respectively. The Veteran's bilateral pes planus is rated at 30%. The Veteran's left ankle disability is rated at 20%. The Veteran's anxiety disorder remains at a 10% rating.

The Veteran's right shoulder disability, characterized by limited range of motion, is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating.

The Veteran's bilateral hip disability is not service-connected. The RO granted service connection for right and left knee disabilities, but denied the claim for a bilateral hip condition. Initial ratings of 10 percent were assigned for both knees.

The Board denied the Veteran's claims for service connection for hypertension, arthritis, and headaches due to lack of evidence showing these conditions were incurred in or aggravated by military service.

The Board finds that the Veteran does not have a current diagnosis of a disability of the lower extremities (other than osteoarthritis of the knees) or a neck disorder, and thus cannot establish service connection for these conditions.

The Veteran's right knee disability, characterized by arthritis and limited motion, does not meet the criteria for a higher evaluation than the current 20 percent rating.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for an opinion on whether any currently shown back disorder is attributable to service. The appellant's attorney notes that the claimant associates his back problems with his demanding in-service physical duties, such as setting up camouflage nets.

The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation. The Board has determined that this evidence reflects the type of situation warranting consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's claim for a higher rating for left knee chondromalacia was denied as the evidence did not meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's claim for a higher initial rating for osteoarthritis of the right shoulder was denied as his disability did not meet the criteria for a rating in excess of 10 percent.

The Board found that new and material evidence had not been received to reopen the claim for arthritis of the neck, which was last denied in April 1995.

The Board found that the Veteran's current right knee disability, diagnosed as osteoarthritis, is not causally related to his active service or a service-connected condition. The opinion from the VA examiner indicated that it is less likely than not that the Veteran's right knee disability was caused by or aggravated by his service-connected fracture of the right fifth toe.

The Board has determined that additional development is needed to properly adjudicate the appellant's claims, including obtaining medical opinions and evidence.

The Veteran's low back disability is found to be related to his active service, and he is granted service connection for this condition. His bilateral knee and ankle disabilities are not found to be related to his active service.

The Veteran's osteoarthritis of the right knee, status post total knee replacement, is currently rated at 30 percent. The Board has found that a separate disability rating for instability of the right knee is warranted.

The Board has determined that the appellant's current osteoarthritis is not related to his service, specifically a stress fracture of the right tibia. The preponderance of evidence does not support this claim.