Osteoarthritis (degenerative arthritis) decisions — 2011

The Board has determined that new evidence supports reopening the claims for service connection for left shoulder disability and osteoarthritis involving spine, knees, and hips. The Veteran's current conditions are presumed to be related to his military service.

The Veteran's claim for a disability rating in excess of 40 percent for his right knee condition was denied. The Board found that the evidence did not support a higher rating prior to July 26, 2010 and as of that date, a 50% rating is warranted.

The Veteran's claims for increased ratings and a temporary total rating were denied. The left knee disability is currently rated as 10 percent disabling, with separate ratings for limitation of flexion and ACL deficiency.

The Veteran's service-connected disabilities (left knee disability and right knee disability) render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the issues of service connection for osteoarthritis of the lumbar spine, evaluation in excess of 30 percent for pulmonary tuberculosis, and evaluation in excess of 30 percent for angina-like chest pain. The TDIU issue is also remanded.

The Veteran's claim for a compensable rating for left ear hearing loss with otitis media was denied. The Board found that the Veteran's current level of hearing impairment did not meet the criteria for a compensable evaluation.

The Veteran's left shoulder disability does not meet the criteria for a rating in excess of 10 percent, as it does not result in favorable ankylosis of the scapulohumeral articulation with limitation of abduction to 60 degrees or limitation of motion of the arm to shoulder level.

The Veteran's claims for increased ratings and reopening of a previously denied claim were denied. The Board found that the evidence did not raise a reasonable possibility of substantiating his service connection claim, as it did not establish a current left knee disorder.

The Veteran's appeal is being remanded for additional development of his service-connected left hip disability, including obtaining recent private treatment records and VA treatment records.

The Veteran is unable to secure or follow a substantially gainful occupation due solely to impairment resulting from his service-connected disabilities, and the Board finds reasonable doubt in favor of this determination.

The Board has determined that the Veteran's claim for service connection for fracture of the right ring finger, bilateral hearing loss, and bilateral hip disability is denied as new and material evidence was not received to reopen these claims.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his unemployability is due to his service-connected conditions. The case is REMANDED for further consideration on an extraschedular basis.

The Veteran's claims for an increased evaluation for cervical spine disability, service connection for PTSD, and impotency were denied. The right arm injury claim was reopened but not granted. Service connection for a depressive disorder was granted.

The Board has determined that the Veteran's current right knee osteoarthritis is not related to his service and therefore denied his claim for service connection.

The Veteran's right thumb fracture residuals are currently rated as 10 percent disabling, and the Board finds that an increased rating is not warranted. The Veteran's degenerative arthritis of the lumbosacral spine was not incurred in or aggravated by active service.

The Veteran's claim of entitlement to an initial disability evaluation in excess of 10 percent for right knee traumatic osteoarthritis was denied. The Board found that the evidence did not support a higher rating based on his service-connected condition.

The Veteran's claim for service connection for headaches has already been granted, and the Board finds no question of law or fact to be decided regarding this issue. The remaining claims are addressed in the REMAND below.

The Veteran's right knee osteoarthritis is currently rated at 20 percent disabling due to limitation of motion, with a separate 10 percent rating for instability since June 24, 2010.

The Veteran's claims for service connection for residuals of an injury to the left clavicle and a compensable rating for residuals of a laceration wound to the right knee joint were denied. The Board found that there was no evidence linking these conditions to his active service.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including a TDIU claim.