Osteoarthritis (degenerative arthritis) decisions — 2011

The Veteran's claims for increased ratings were denied. The RO found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claim for service connection for degenerative arthritis of the hands, feet, fingers, and wrists was granted. The claims for residuals of separated ribs on the left side and a sleep disorder including sleep apnea are remanded.

The Veteran's degenerative arthritis of the right elbow, status post fracture, is currently rated at 10 percent and does not meet the criteria for a higher rating based on functional loss or other factors.

The Veteran's DJD of the left knee, osteoarthritis of the hips (claimed as hip dysplasia), and degenerative arthritis of the lumbar spine are all found to be incurred in or aggravated by active service. However, hypertension is not found to be related to service, and residuals of exposure to tincture of Merthiolate were not shown to be incurred in service.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the Board needs additional information regarding his employability and the combined effect of all his service-connected conditions.

The Veteran's osteomyelitis of the left and right tibia, as well as his osteoarthritis of the right knee with subsequent knee replacement, are all considered to be directly related to service.,However, the decision is mixed because some issues were granted (osteomyelitis) while others were not (osteoarthritis).

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to determine his employability due to service-connected disabilities.

The Board has determined that the Veteran's right and left knee osteoarthritis are related to his period of active service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's appeal for service connection for bilateral hearing loss was withdrawn. The Board found that the Veteran's residuals of TBI, including memory loss, migraine headaches and irritability, were incurred in active service.

The Veteran's left hip disability was granted increased ratings up to 30 percent, but the claim for a higher rating after October 1, 2006, was denied.

The Veteran's low back disability is currently rated at 20 percent, and the evidence does not meet the criteria for a higher rating based on forward flexion limited to 30 degrees or less.

The Veteran's bilateral foot disability has been granted service connection and assigned a 10 percent rating since December 16, 2003. The current manifestations of the condition include pain, tenderness, swelling on manipulation, normal alignment, neurological and skin examination, reflexes, mild osteoarthritis of the toe joints, minimal hallux valgus and hallux rigidus, bilaterally.

The Board finds that the Veteran's right and left knee disabilities were not incurred in or aggravated by service, and are not proximately due to a service-connected disability.

The Veteran's claims for increased ratings and service connection were granted, with the exception of the claim for loss of use of the left arm. The lumbar spine disability was rated at 60 percent disabling, while the cervical spine disability was rated at 20 percent.

The Veteran's appeal is remanded for additional development to ensure a complete record and proper consideration of his claims, including the need for VA examinations.

The Veteran's left foot osteoarthritis is found to have likely had its onset in service and persists since separation.,There is no evidence of a respiratory disorder present during service or for many years thereafter, and the preponderance of the evidence does not support a finding that it is related to service.

The Veteran's right knee conditions, including degenerative arthritis and a torn lateral meniscus, were rated based on their severity. The TKA was granted effective November 1, 2010.

The Veteran's tinnitus and left ankle osteoarthritis have been assigned the maximum schedular ratings available. The RO denied increased rating claims for these conditions.

The Veteran is in need of regular aid and attendance due to his service-connected conditions, including PTSD with dysthymic disorder, dumping syndrome, and other disabilities. The Board has granted special monthly compensation based on the need for aid and attendance.

The Veteran's right knee disability, including instability and degenerative arthritis, warrants a rating of 20 percent under DC 5261 for limitation of flexion to 15 degrees. A separate 10 percent rating is granted for slight instability.