Osteoarthritis (degenerative arthritis) decisions — 2011

The Board has remanded the case to the RO for further development of evidence and due process development, including scheduling a VA examination and arranging an informal telephone conference with the veteran's attorney. The Veteran is also advised that he must report for the scheduled VA examination or provide good cause for non-attendance.

The Veteran's service-connected left shoulder degenerative arthritis with impingement syndrome is currently rated at 20 percent, effective December 1, 2008. The claim for a higher rating prior to that date has been denied.

The Board has determined that the Veteran's multiple joint disability, including psoriatic arthritis and degenerative arthritis of the lumbar spine, was not incurred in or aggravated by service, nor is it proximately due to his service-connected psoriasis.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound is denied as he does not meet the criteria for either condition.

The Board has granted service connection for a gastrointestinal disability, and finds that the Veteran's osteoarthritis and muscle condition are secondary to his now-service-connected GI disability. Additional development is needed to determine if there is any other relevant evidence or issues not yet addressed.

The Veteran's service-connected conditions do not render him unemployable due to his ability to perform substantially gainful employment despite the combined rating of 40 percent.

The Veteran's claim for service connection for ankylosing spondylitis of the thoracolumbar spine is granted, and his right shoulder disability remains at a 20% rating.

The Board has determined that the Veteran does not meet the criteria for a compensable evaluation for his service-connected gout, as there is no current diagnosis of gout or associated symptoms. The Veteran's arthritis of multiple joints and right shoulder osteoarthritis are found to be related to active military service.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Board denied the Veteran's claims for increased ratings and service connection, as well as his claim for a TDIU prior to February 7, 2009. The decision also remanded several issues related to the Veteran's back disability.

The Board has determined that the Veteran's bilateral knee disabilities are related to his active military service and grants entitlement to service connection for these conditions.

The Veteran's current bilateral hearing loss is attributable to active duty service and he has been granted service connection for this condition. The Board also found that the Veteran's right shoulder disorder and left ankle disorder are not directly related to his military service.

The Veteran's right knee disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal for a higher rating for his sacro-illiac and thoracic spine dysfunction with degenerative arthritis was withdrawn at the outset of his hearing. The claims for higher ratings for hemorrhoids and hypertension are being remanded for further development.

The Board found that the Veteran's claimed back disability was not incurred in service and is not otherwise related to his active duty. The evidence does not support a finding of direct service connection.

The Veteran's right knee disabilities, including degenerative arthritis and residuals of a medial meniscectomy, are currently rated at 10 percent each. The Board finds that the current ratings adequately reflect the severity of his service-connected conditions.

The Veteran's right hip osteoarthritis is currently rated at 20 percent, and the Board finds that this rating is appropriate for the period prior to August 13, 2010. Since then, a higher 40 percent rating has been granted.

The Board has dismissed the appeal due to the Veteran's death.

The Veteran's bilateral knee disabilities have been rated as 10 percent disabling under the criteria for limitation of flexion. The RO has granted these ratings.

The Veteran's claim for increased evaluations for right knee instability and degenerative arthritis was denied as there is no current evidence of right knee instability, and the existing evaluations adequately reflect the severity of his disability.