Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's cervical spine disability is rated at 10 percent, and a separate rating for his left upper extremity radiculopathy was granted.

The Veteran's service-connected disabilities, including above the knee amputation of the left lower extremity and osteoarthritis of the right knee, have caused functional loss of use of both lower extremities. The Board finds that this meets the criteria for a certificate of eligibility for specially adapted housing.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records and scheduling a new examination.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected deviated septum, warranting service connection. However, there is no evidence to support a finding of service connection for his right shoulder disability.

The Board has granted service connection for lupus and the associated hip, shoulder, and joint conditions. The Veteran's service-connected mechanical low back pain is rated at 40 percent from October 18, 1997.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Veteran's service connection claims for chronic bronchitis with COPD, frostbite injuries to both feet, cervical spine degenerative disc disease, left hip arthritis, and bilateral hearing loss were granted effective September 27, 2002. His claim for tinnitus was granted effective August 17, 2006.

The Veteran is seeking an earlier effective date for the grant of a 80 percent disability rating for his service-connected IgA nephropathy (Berger's disease), with hypertension and polyarthritis. The Board has remanded the case to obtain additional VA treatment records.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if the Veteran's service-connected disabilities alone preclude all forms of substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to lack of qualifying disability.

The Veteran's lumbar spine disability has been rated at 10 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's post concussion syndrome with headaches claim was denied.

The Board has remanded the case to schedule a Travel Board hearing due to non-receipt of notice for a previously scheduled hearing. The Veteran's claim for service connection for bilateral hearing loss and his request to reopen service connection for degenerative arthritis of the lumbar spine are pending.

The Board has granted service connection for degenerative joint disease of the bilateral hips and left knee disorder, finding that these conditions are related to service. The Veteran's left knee disorder is also found to be secondary to his service-connected right knee disability.

The Veteran's claims for an increased rating and TDIU were denied. The effective date of the grant of service connection for lumbar degenerative arthritis is set at September 25, 1997.

The Veteran's appeal is being remanded to allow for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's appeal has been withdrawn by his attorney prior to the Board making a decision.

The Veteran's claims for service connection have been denied as new and material evidence has not been submitted to reopen the claims.

The Veteran's service-connected osteoarthritis of the lumbar spine, residuals of fracture of the right fifth metatarsal, and hypertension are currently rated at 10 percent each. The Board finds that these ratings are not higher based on the evidence provided.

The Veteran's left leg disability, including degenerative joint disease of the left knee with embedded shrapnel and scars, was granted service connection. However, a rating in excess of 10 percent for limitation of flexion is not warranted prior to July 23, 2009, while a separate 10 percent rating is warranted since October 1, 2009, for limitation of extension.

The Board has determined that the Veteran's current left ankle disability, diagnosed as osteoarthritis, is service-connected. The remaining claims for right hip and right knee disabilities, as well as tinnitus, are denied.