Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's service-connected orthopedic disabilities affect a single body system and combine to a 70 percent rating, preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's right shoulder disorder and ganglion cyst have been found to be related to his active duty service. The left leg disorder, rheumatoid arthritis, acquired psychiatric disorder (Major depressive disorder), sleep apnea, bruxism, hypertension, and gastroesophageal reflux disorder (GERD) are not currently shown or related to the Veteran's service.

The Board has remanded the Veteran's TDIU claim for further development due to inadequate compliance with prior remand directives. The claim will be reconsidered in light of all additional evidence, including a VA compensation examination.

The Board denied the Veteran's claims for increased ratings for radiculopathy of the left upper extremity and residuals of a fracture of the left patella with osteoarthritis of the left knee, based on limitation of motion.

The Veteran's claims for an earlier effective date and CUE were denied as there was no evidence of error in prior decisions, and the claim is based on a direct service connection.

The Veteran's claim for an initial disability rating in excess of 10 percent for degenerative arthritis of the spine is being remanded due to the need for a new VA examination to address flare-ups and their impact on his service-connected condition.

The Board has determined that the Veteran's current low back disorder, including degenerative arthritis, spondylosis, and displacement of the lumbar intervertebral disc at L3-4, L4-5 and L5-S1, is related to his period of service where he fell from a communication pole. As such, service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining records from the Florida Division of Workers' Compensation and developing a dose estimate based on possible radiation exposure during service. The appeal will be reconsidered after these actions.

The Veteran's claims for service connection for a right shoulder disability and a right leg disability were denied. The Board found no evidence linking the disabilities to his period of military service, and there was insufficient evidence to support secondary or 1151 claims.

The Board has granted service connection for residuals of gallbladder removal due to cholelithiasis and right hip osteoarthritis, both found to be related to the Veteran's military service.

The Veteran withdrew his appeals for all issues related to service connection and evaluations of his cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or being housebound was denied as he does not meet the criteria for SMC under VA regulations.

The Board has remanded the case for additional development, including obtaining medical records and updating VA records. The Veteran's claim to reopen his service connection for degenerative arthritis and degenerative disc disease of the lumbar spine is pending.

The Board found no evidence that the Veteran's right shoulder disability is directly related to service or secondary to his service-connected diabetes mellitus, and thus denied the claim.

The Veteran's claims for increased ratings for post-operative medial instability of the left knee and degenerative arthritis of the left knee were denied as his conditions did not warrant a rating in excess of 20 percent or 10 percent, respectively.

The Board has granted service connection for the Veteran's lumbar degenerative disc disease with facet arthropathy, finding that it is causally related to his service-connected left hip disability. The issue of a higher evaluation for his left hip disability remains pending.

The Board has determined that the Veteran's degenerative arthritis of the right foot and left foot does not warrant a rating in excess of 20 percent.

The Veteran's claims of service connection for tinnitus, bilateral hearing loss, and osteoarthritis of the right knee were dismissed due to the Veteran's request for withdrawal of his appeal.

The Board has determined that further development is needed to determine if the Veteran's current low back and lower extremity disabilities are related to his military service. The case is therefore REMANDED for additional development.

The Veteran's intervertebral disc syndrome with degenerative arthritis of the lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher rating based on functional impairment or incapacitating episodes.