Osteoarthritis (degenerative arthritis) decisions — 2011

The Board denied entitlement to increased ratings for osteoarthritis of the right and left knees, finding that the evidence did not support a higher evaluation based on limitation of motion or instability. The Veteran's knee disabilities were rated under Diagnostic Codes 5260 (flexion) and 5261 (extension), with no compensable loss noted.

The Veteran's claim for PTSD was denied due to the lack of a confirmed clinical diagnosis. The claims for higher evaluations for right hamstring muscle strain/sprain, left knee degenerative arthritis, and right knee ligament reconstruction were not addressed as they are considered part of the same appeal process. The hypertension claim is pending.

The Veteran's right knee disability was rated at 10 percent prior to June 1, 2009 and increased to 30 percent from June 1, 2009. The Board found that the current ratings did not accurately reflect the true nature and degree of his disability.

The Veteran's claim for an increased evaluation for his service-connected chondromalacia of the left patella with osteoarthritis is being remanded due to a need for additional examination and development.

The Veteran's claims for service connection were denied. The Board found no new and material evidence to reopen the claim for Osgood-Schattler's disease in the right knee, as the preponderance of the evidence showed that it existed prior to service and was not aggravated by service. Service connection for degenerative arthritis in both knees and obstructive sleep apnea were also denied.

For the period from April 12, 2007, to July 10, 2009, the Veteran's left knee disability was evaluated as 10 percent disabling based on osteoarthritis and limitation of flexion. A separate 10 percent evaluation was granted for noncompensable limitation of extension due to significant functional impairment.,For the period from July 11, 2009, the Veteran's left knee disability is evaluated as 10 percent disabling based on osteoarthritis and limitation of extension to 5 degrees with significant functional impairment due to pain.

The Board has reopened the Veteran's claim for service connection for a left leg disability and granted service connection for osteoarthritis of the left foot and left ankle. The Veteran's current disabilities are considered direct service-connected.

The Board found that the Veteran's pre-existing left ankle and knee disabilities were not aggravated by his military service, thus denying service connection for these conditions.

The Veteran's PTSD was found to have been incurred in service, and the other claims for service connection were granted.

The Board has determined that residuals of a right knee injury, status-post medial meniscectomy and patelloplasty, with post-traumatic degenerative arthritis, had its onset in service. The Veteran's current surgical scar is also found to be related to his active service.

The Veteran's degenerative arthritis of the cervical spine has been evaluated at a 10 percent rating since September 1, 2006. The evidence does not support an increase to a higher rating.

The Board has determined that the Veteran's current right knee disability is etiologically related to her active service, and thus grants her claim for service connection.

The Veteran's service-connected disabilities, including his right ankle sprain and associated conditions, osteoarthritis of the hips, and hypertension, are rated at a combined 70 percent. However, they do not preclude him from engaging in any regular substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU, as they are not found to be unemployable due solely to his service-connected conditions. The dental disorder claims remain unresolved.

The Board denied the Veteran's appeal for an earlier effective date of February 27, 2002 for his TDIU due to service-connected disabilities. The evidence did not show that he was precluded from following a substantially gainful occupation prior to this date.

The Board found no evidence of a chronic low back disability during service or that it was caused by the Veteran's service-connected right and left knee, pelvis, and/or right ankle disabilities. The examiner concluded that the current degenerative changes in the Veteran's lumbar spine were not related to his military service.

The Veteran's service-connected disabilities, including post-operative herniated disc of the lumbar spine with left sciatica, degenerative arthritis of the right knee, radiculopathy of the right and left lower extremities, status post amputation of the left little finger, bipolar disorder, tinnitus, asbestosis, and tinnitus, render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's osteoarthritis of the bilateral knees is related to her in-service knee problems, specifically chondromalacia patellae. As such, service connection for these disabilities is granted.

The Veteran's TDIU claim is granted as his service-connected polyarthritis has rendered him unemployable.

The Board found that the Veteran's bilateral knee disabilities were not incurred in or aggravated by his military service and are not proximately due to, the result of, or chronically aggravated by his service-connected ankylosing spondylitis.