Osteoarthritis (degenerative arthritis) decisions — 2010

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of extra-schedular evaluation.

The Board found that the Veteran's left knee osteoarthritis is more likely than not incurred in service during April 2002. The initial rating for LPM prior to October 25, 2004 was granted at 20 percent.

The Veteran's left knee disability, including a torn meniscus and osteoarthritis, was rated at 100 percent effective July 9, 2009 following his total left knee arthroplasty.

The Veteran's claim for a higher rating for traumatic arthritis of the lumbar spine was denied as his range of motion did not meet the criteria for a higher rating under the old Diagnostic Code 5292. The issue regarding post-traumatic arthritis of the right knee prior to October 26, 2004, is pending.

The Veteran's left knee arthritis is rated at 20 percent, his post-operative right ankle fusion with leg length shortening at 30 percent, and he has a separate 10 percent evaluation for residual muscle injury of the right calf. The Veteran does not have an initial compensable evaluation for his right heel fasciitis.

The Board has determined that the appellant does not have a current right or left knee disability that was incurred in or aggravated by service, and it cannot be attributed to any injury, disease, or event during service. The appellant's disabilities are found to be proximately due to, the result of, or aggravated by his service-connected disability of his lumbar spine.

The Veteran's multiple disabilities, including bronchial asthma, renal insufficiency, diabetes mellitus, dextroscoliosis of the lumbar spine, osteoarthritis of both knees, and cataract, are reasonably certain to continue throughout his life and sufficiently severe to prevent him from following a substantially gainful occupation. The Board grants nonservice-connected pension benefits based on permanent and total disability.

The Veteran's back, ankle, and knee disabilities are not service-connected as they do not have onset in service or within one year of service. The Board finds that the medical evidence does not support a finding that these conditions were caused by military service.

The Veteran's claims for increased ratings for right knee instability and osteoarthritis of the right knee were denied. The highest schedular rating available for right knee instability is 30 percent, which was already assigned. For osteoarthritis prior to January 2006, a higher rating than 10 percent was not warranted due to lack of limitation of motion.

The Board has determined that the Veteran's right knee osteoarthritis is proximately due to his service-connected left knee disability, and thus grants service connection for this condition.

The Board denied the Veteran's request to reopen his claim for service connection for osteoarthritis, finding that no new and material evidence had been received since the last final denial in January 1990.

The Board has reopened the Veteran's claim for service connection for degenerative arthritis of the right knee based on new and material evidence. The opinion provided by a VA medical professional indicates that inservice trauma may have predisposed the Veteran to develop osteoarthritis, which is now diagnosed as degenerative arthritis of the right knee.

The Board has determined that the Veteran's cervical and thoracolumbar spine disabilities are not related to service, including as a result of motor vehicle accidents or other events or injuries therein. Therefore, service connection for these conditions is denied.

The Board found that the Veteran's right shoulder disability was not incurred or aggravated by service, and is not proximately due to a service-connected condition. The examiner opined that the Veteran's right shoulder condition was less likely than not permanently aggravated by his left shoulder condition.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to determine the nature and etiology of his claimed disabilities.

The Board has determined that the Veteran's service-connected right and left knee degenerative arthritis warrant a combined rating of 30 percent, effective July 29, 2005. The ratings have been increased from the maximum available for these disabilities under DCs 5010-5260.

The Board has restored a 20 percent rating for the service-connected internal derangement of the right knee, status post injury with degenerative arthritis, effective February 1, 2008.

The Board denied the Veteran's claims for higher initial evaluations for his left knee and right hip disabilities, finding that there was no evidence of ankylosis or other disabling conditions warranting a higher rating.

The Veteran seeks a TDIU rating due to service-connected knee and shoulder disabilities. The RO has ordered an examination to assess the impact of these conditions on his employability, as he is currently employed but claims his disabilities have worsened.

The Veteran's lumbosacral disc disease with osteoarthritis and left leg pain is currently rated at 40 percent, but does not meet the criteria for an increased evaluation.