Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a new VA examination. The claim will be reconsidered based on the newly obtained evidence.

The Veteran's claims for increased ratings for right shoulder degenerative arthritis and rotator cuff tear, as well as chronic left shoulder strain associated with the right shoulder condition, were denied. The conditions are rated based on their direct service connection without any presumption or secondary theory.

The Board has determined that the Veteran's claim for TDIU requires additional development, including obtaining an updated VA examination to assess his employability due to his service-connected disabilities.

The Veteran has withdrawn his appeals for increased ratings and service connection claims related to the service-connected residuals of a fracture of the left middle finger, tinnitus, tinea cruris, sebhorrheic dermatitis of the scalp, refractive error, Gulf War illness, left eye cataract, squamous blepharitis, meibomitis, and neurological disorder of the upper extremities.

The Veteran's claims for service connection for a pilonidal cyst, and initial increased ratings for post-traumatic osteoarthritis of the right knee and instability of the right knee were denied. The Veteran was not granted any new disability rating or effective date.

The Veteran's joint pain is attributed to known clinical diagnoses, not due to an undiagnosed illness or service. The Board finds that the Veteran does not have a current disability for which service connection can be granted.

The Veteran's service connection claim for throat cancer is granted. The left wrist arthritis is found to have its onset during service and is therefore service-connected.

The Board has granted service connection for the Veteran's left hip bursitis, finding that it is related to her military service. The current disability requirement and in-service occurrence have been met, with a positive nexus opinion regarding the relationship between the condition and service.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues on appeal are whether he is entitled to a temporary total rating based upon convalescence from March 2008 cervical spine surgery, and whether he is unemployable due to his service-connected disabilities.

The Veteran's claims for increased evaluations for cervical spine degenerative arthritis and bilateral hearing loss were denied as the evidence did not meet the criteria for higher ratings under applicable rating criteria.

The Board has determined that the appellant is not in need of regular aid and attendance or housebound status, as her disabilities do not render her so helpless.

The Board denied a rating in excess of 10 percent for left knee lateral instability or subluxation, but granted a separate 10 percent evaluation for left knee osteoarthritis with limitation of flexion.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was rated at 50%, the gunshot wounds to the left thigh and right lower extremity disabilities were both rated at 20% each, and the fascial defect of the left thigh with muscle herniation was rated at 30%. No extra-schedular rating or reopening on new evidence was granted.

The Board has reopened the Veteran's claim for service connection for residuals of pneumonia and granted it. The remaining issues are addressed in the REMAND portion.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a cervical spine examination, and providing the Veteran with a Statement of the Case on her depressive disorder claims.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for degenerative arthritis of the knees and cervical spine. The RO denied these claims in May 2001, finding no indication of arthritis within one year following service.

The Veteran's bilateral knee disability, resulting in complete ankylosis and loss of use of the feet, is now rated at 100 percent effective March 10, 2011. The claim for TDIU benefits prior to this date is dismissed as moot.

The Board has determined that the Veteran's low back and bilateral hip disabilities are not service-connected, as they were not incurred or aggravated during his active duty service. The Board also found no evidence of a nexus between these conditions and his service-connected knee and pes planus disabilities.

The Board has determined that the Veteran's right knee degenerative joint disease is likely related to a period of Active Duty for Special Work (ADSW) in February 1991.,The Veteran's preexisting left knee degenerative arthritis is presumed to have been aggravated by service ending in November 2004.

The Board found that the Veteran's right Achilles tendon repair with osteoarthritis, calcaneal spur, and healed right posterior ankle scar did not meet the criteria for a higher rating from July 20, 2009.