Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's claim for service connection for a right ankle disability has been granted, and the appeal is dismissed as there are no remaining issues.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before a Veterans Law Judge at the Regional Office.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for left foot plantar fasciitis and degenerative arthritis with bone spurs was denied as the disability did not meet criteria for a higher evaluation. Claims to reopen for low back, left knee, and bilateral ankle disorders were also denied due to lack of new and material evidence. Service connection claims for low back, left knee, and sleep apnea were also denied.

The Board has remanded the case due to new evidence submitted by the Veteran and incomplete service treatment records, requiring further examination and development of the claim.

The Veteran's claims for increased evaluation, service connection, TDIU, and extraschedular rating were denied. The Board found that the criteria for an increased evaluation of lumbosacral strain with DDD and a history of degenerative arthritis of the lumbosacral spine had not been met, and that there was no evidence of intervertebral disc syndrome or bladder/bowel impairment.

The Veteran's appeal is remanded to the RO for additional development, including obtaining medical records and arranging for VA examinations to determine the etiology of his claimed disabilities.

The Veteran's appeal includes a claim for an earlier effective date for the award of a 10 percent rating for left thigh skin graft scar and a claim for higher initial ratings for his left knee degenerative arthritis. The Board found that both issues were factually ascertainable more than one year prior to the claims, but granted only the earlier effective date claim.

The Board has determined that further medical examination and opinion are needed to determine the nature, etiology, and current severity of the Veteran's hepatitis C, bilateral knee disabilities, right foot disability, left foot disability, and skin condition. The case is therefore being REMANDED for these purposes.

The Veteran's service-connected degenerative arthritis of the left knee was restored to a 20% rating from January 19, 2006 to August 20, 2008. After that period, he is entitled to a 20% disability rating for his right knee and a higher than 20% rating for his left knee.

The Veteran's vertigo is currently rated as 10 percent disabling, and her bilateral foot disorders are not entitled to a higher initial evaluation.

The Veteran's claims for increased ratings for osteoarthritis of the knees and ankles were denied as there was no evidence of instability or involvement of two or more major joints, which would allow separate ratings under Diagnostic Code 5257.

The Board has determined that the Veteran's current right knee disability, diagnosed as osteoarthritis, is related to a right knee injury sustained during active duty for annual training with the Army National Guard in June 1978. As such, the claim for service connection for this condition is granted.

The Veteran's ratings for his service-connected right and left knee disabilities have been restored to their previous levels.

The Veteran's initial evaluation for lumbar strain with osteoarthritis was increased to 10 percent effective the day after his discharge in June 2004, and remains at that level through August 5, 2009. For the period beginning on August 6, 2009, a higher initial evaluation of 20 percent is granted.

The Veteran's claim for a higher rating for his thoracolumbar spine disability was denied, and he is not entitled to compensation for erectile dysfunction due to loss of use of a creative organ. The Board found that the criteria for compensable rating were not met.

The Board denied the Veteran's claims for service connection for various conditions, including a headache disorder, tinnitus, and residuals of an inguinal strain. The appeals were not granted.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The issues of increased rating for left knee arthrotomy and initial rating in excess of 10 percent for osteoarthritis, left knee are not ready for appellate review.

The VA determined that the Veteran's current left hip disorder is not related to his active service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to clarify the severity of his service-connected low back disability and to determine if his left knee OA and right ankle disability are secondary to his service-connected disabilities. The TDIU claim will also be addressed.

The Board found that the Veteran's preexisting bilateral knee disorder, diagnosed as genu varum and degenerative arthritis, did not increase in severity during service. Therefore, it was determined that the disorder was not aggravated by service.