Osteoarthritis (degenerative arthritis) decisions — 2011

The Veteran's claim for a compensable disability rating for his deformity of the fibula of the right leg, secondary to healed fracture of the right ankle, was denied by the RO. The VA examiner found that the Veteran's range of motion did not meet the criteria for a compensable disability rating under Diagnostic Codes 5262, 5271, or 5284.

The Veteran's right knee disability, with limitation of flexion and extension, is rated at 40 percent effective March 1, 2006.

The Board denied the Veteran's claims for service connection for chronic lumbar strain with degenerative arthritis, bilateral hearing loss, and tinnitus. The Board found that there was no clear and unmistakable evidence to show that any of these conditions were pre-existing or aggravated by service.

The Veteran's lumbar spine disability has not been shown to result in ankylosis, chronic neurologic manifestations of intervertebral disc syndrome (IVDS) resulting in any significant functional or sensory impairment, or incapacitating episodes of IVDS having a total duration of at least 6 weeks during any 12-month period. As such, the Veteran's claim for higher ratings is denied.

The Veteran's claim for an earlier effective date for TDIU was denied as there is no evidence of any prior unadjudicated claims or factually ascertainable entitlement to TDIU prior to October 20, 2004.

The Board denied the Veteran's claims for service connection for psychiatric disability, bilateral carpal tunnel syndrome, and increased ratings for psoriasis and left ring finger disability. The Veteran did not meet the criteria for a higher rating under VA's schedular criteria.

The Veteran's claims for increased evaluations for bilateral hearing loss and knee disabilities were denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran's service-connected bilateral pes planus and osteoarthritis of the lumbar spine have rendered him unable to secure or maintain substantially gainful employment.

The Board found no evidence of a left hip injury during service and no medical opinion linking the current left hip osteoarthritis to service. The claim for service connection was denied.

The Board has granted service connection for left knee osteoarthritis, right shoulder rotator cuff tendonitis, and cervical spondylolisthesis, degenerative disc disease, and neuroforaminal narrowing. The Veteran's current conditions are deemed to be directly related to his military service.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for osteoarthritis of the lumbar spine. As a result, service connection is granted.

The Board has determined that there is no current diagnosis of rheumatoid arthritis or osteoarthritis in the Veteran's neck or back, and thus service connection for these conditions cannot be granted.

The Veteran's TDIU claim is being remanded due to the inadequacy of the VA examination and the need for an addendum opinion. The examiner should consider all evidence, including the SSA finding that the Veteran lacks functional capacity for sedentary work.

The Veteran's current low back disorder was not incurred in or aggravated by service. The Board found that the evidence did not establish a chronic low back disorder during service and there is no competent medical evidence linking his current condition to service.

The Board found that the service-connected bilateral knee and pes planus disabilities did not substantially or materially contribute to the Veteran's death from cardiopulmonary arrest due to cardiomyopathy. The VA physician concluded there was no evidence they contributed substantially or materially to his death.

The Veteran's service-connected conditions have been evaluated based on their current manifestations, and the evidence does not support a higher rating for any of his disabilities.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that a disability rating in excess of 40 percent for the Veteran's service-connected right shoulder disability is not warranted based on the evidence of record. The Veteran's symptoms, while severe, do not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code.

The Veteran's claims for increased ratings for left and right knee osteoarthritis were denied, as the current schedular ratings adequately reflect his disability levels. The claim for secondary service connection for quadriceps tendon repair was also denied.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The Board found that the submitted statements were duplicative.