Osteoarthritis (degenerative arthritis) decisions — 2011

The Veteran's claims for increased ratings were denied as the evidence did not support a higher rating based on his service-connected conditions.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a neck condition during active service or within one year after discharge. The VA examiner concluded it is unlikely that parachute jumping or a head injury led to the current disability.

The Veteran's claim for an increased rating for his left (minor) shoulder osteoarthritis was denied as the evidence did not show limitation of motion to 25 degrees from the side, which would warrant a higher evaluation.

The Board has denied the Veteran's claims for effective dates earlier than March 27, 2009 for the grant of service connection for right knee arthritis, left knee arthritis, and degenerative arthritis of the lumbar spine.

The Veteran's claims for increased ratings for his service-connected knee disabilities are being remanded for additional development, including scheduling of a VA examination to assess the current severity and instability of his knees.

The Board found that there is no evidence to support service connection for degenerative arthritis of the spine and denied both the claim for service connection and the special monthly pension based on need for regular aid and attendance or at the housebound rate.

The Veteran's left knee disability was rated at 30 percent prior to October 19, 1995 and increased to 100 percent effective November 7, 2008. The current rating of 100 percent is maintained.

The Board found that the Veteran's cancer of the tonsil and osteoarthritis were not incurred or aggravated by service, including due to herbicide exposure in Vietnam. The evidence did not establish a connection between these conditions and active duty.

The Board has determined that the Veteran's PTSD, hypertension, and low back disorder are all related to his service in Korea. The PTSD is presumed based on combat exposure, while the hypertension is considered direct service connection due to its onset during service. The low back disorder does not have a clear link to service.

The Board found that the Veteran's current lumbar spine disability is not related to his military service, and thus denied his claim for service connection. The issue of entitlement to service connection for osteoarthritis of the knees remains pending.

The Veteran's right knee instability of the right ACL was granted a rating of 10 percent prior to March 31, 2010 and 20 percent as of that date. The Veteran's osteoarthritis of the right knee with limited flexion is rated at 20 percent.

The Veteran's current left foot pain and discomfort are not deemed to be due to the 1983 bunionectomy performed at Kerrville VAMC, as his VA examination found no evidence of complications related to the surgery.

The Board found that the Veteran's bilateral hip and ankle arthritis were not incurred in or aggravated by service, nor are they proximately due to his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of his right knee disability.

The Veteran seeks an increased initial rating for his service-connected thoracolumbar spine disability. The case is REMANDED to obtain VA and private medical records, including worker's compensation records, and schedule the Veteran for a VA examination.

The Board has remanded the Veteran's claims for an initial rating higher than 10 percent for his right knee and cervical spine disabilities to the RO via the Appeals Management Center (AMC) for additional development.

The Board has denied the Veteran's claims for service connection for osteoarthritis and chondromalacia of the knees, including as secondary to service-connected pes cavus, and for an initial rating in excess of 10 percent for bilateral pes cavus.

The Veteran's left knee arthritis has been rated at 20% since January 1, 2000. Since May 6, 2010, the rating is increased to 40%. The Veteran now meets criteria for a higher evaluation based on significant advancement of his arthritis.

The Veteran's skin rashes of the chest, neck, bilateral elbows, and bilateral shins are not service-connected.,For his left knee disability, he is currently rated at 10 percent for limitation of flexion to 90 degrees and extension to 0 degrees. The higher rating of 20 percent is denied as there is no evidence of ankylosis or instability.,His obstructive sleep apnea is currently rated at 50 percent, which requires the use of a breathing assistance device (CPAP machine). A higher rating of 100 percent for chronic respiratory failure with carbon dioxide retention or cor pulmonale and requiring tracheostomy is denied.

The Veteran's right and left feet disabilities have been granted initial disability ratings of 10 percent, effective April 1, 2005.