Osteoarthritis (degenerative arthritis) decisions — 2011

The Board found that the reduction of the disability evaluation for left knee degenerative arthritis from 20 percent to 10 percent, effective July 1, 2007, was proper based on clear and unmistakable error (CUE).

The Board found that degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees did not develop as a result of service or any service-connected disability, and thus denied both claims.

The Veteran has withdrawn his appeals for the initial ratings of 20% and 10% for L4-L5, L5-S1 posterior lumbar fusion, osteoarthritis, right knee, and osteoarthritis, left knee. As a result, these claims are dismissed.

The Board has determined that additional development is needed to determine the Veteran's low back disability and its relationship to service. The case will be remanded for further action.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected knee disabilities and to obtain relevant medical records. The issues include seeking higher ratings for left knee osteoarthritis and right knee replacement, as well as entitlement to service connection for left knee instability.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling examinations to determine the nature and etiology of any psychiatric disability and the current severity of the service-connected scar.

The Board denied the Veteran's claims for evaluations of his lumbar degenerative arthritis, finding no basis for an evaluation greater than 10 percent during the periods specified.

The Veteran's claims for increased ratings and reduction of his disability rating were denied. The Board found that the evidence did not support a higher rating for any period, including after the reduction in May 2005.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Veteran's TDIU claim is being remanded for additional examinations and consideration of his service-connected disabilities, as the current evidence may indicate an increase in severity.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Veteran's left ankle disability is manifested by marked limitation of motion and tender/painful scars, warranting a 20 percent rating for the service-connected condition.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for additional development, including obtaining private medical records and VA treatment records. The Veteran will also undergo a VA examination to determine the severity of his disabilities.

The Veteran's service-connected disabilities do not result in loss of use of one or both feet, nor ankylosis of one or both knees or hips. The appeal is REMANDED for further development.

The Board has determined that additional development is needed before the claim for service connection can be decided. The Veteran's spine and neck conditions are being examined to determine if they are related to his in-service injury.

The Veteran's left knee disability, manifested by pain and some limitation of motion, does not meet the criteria for a higher rating than 10 percent.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent, and the Board finds that this rating is appropriate given the current functional limitations.

The Veteran's claim for service connection for a disability manifested by watery eyes was denied as there is no evidence of a chronic condition.,The Veteran's claim for a compensable initial evaluation for headaches was denied due to lack of characteristic prostrating attacks averaging one in two months.

The Veteran's service-connected right knee arthritis and other impairment of the right knee, including subluxation and cartilage damage, are rated at 30 percent effective from March 2010.

The Veteran's osteoarthritis of the left foot with early neuroma syndrome was incurred during his military service and is granted.