Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's left wrist disability, characterized by nonunion of the ulnar styloid with arthritis and degenerative changes, does not meet the criteria for a rating in excess of 20 percent.

The Veteran's right knee and left hip disabilities are rated at the maximum available under VA regulations, with no additional ratings granted for instability of the left knee. The TDIU claim is also granted.

The Board found that the Veteran's death was not caused by or a result of his service-connected disabilities, including postoperative meniscectomy, right knee osteoarthritis and severe left knee degenerative joint disease. The underlying cause of death, congestive heart failure (with ASHD as the primary condition), is attributed to multiple risk factors rather than the Veteran's service-connected conditions.

The Veteran's claim for service connection for a bilateral foot disability, including equinus, hammertoes, degenerative joint disease and/or flat feet, is being remanded due to the need for additional development of his claims file.

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of performing sedentary employment.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA outpatient treatment records. The Veteran's claims for service connection for osteoarthritis of the bilateral knees and an acquired psychiatric disorder will be reconsidered based on this new evidence.

The Board has determined that the Veteran's service connection claims for bilateral knee disorders are granted as secondary to his service-connected low back disability.

The Board denied service connection for degenerative arthritis of the first left rib, low back condition, and a shoulder disability as these conditions were not shown to be related to service.

The Board has granted service connection for osteoarthritis of the left ankle and found that the correct facts were before the RO at the time of the July 1957 rating action, which denied service connection. The Veteran's current diagnosis is considered to be related to his in-service injury.

The Veteran's initial evaluations for his left knee disabilities remain at 10 percent, as the evidence does not show limitation of motion or instability that warrants a higher rating.

The Veteran's left knee disorder, prior to July 26, 2007, was rated at 10 percent for chondromalacia patella with osteoarthritis. From September 1, 2008, the rating increased to 30 percent due to a total left knee replacement.

The Veteran's bilateral foot disability is currently rated at 10 percent, but the Board finds that a higher rating is not warranted for any period of time.

The Board denied the Veteran's request to restore a 20 percent rating for his back disability, finding that the evidence did not support an improvement in his condition and that the current 10 percent rating was appropriate.

The Board has determined that the Veteran's left shoulder disorder is not related to his military service and thus, denied service connection for this condition.

The Board found that the appellant was not entitled to DIC benefits under 38 U.S.C.A. § 1151 due to lack of evidence showing VA carelessness, negligence or fault.

The Veteran's appeal is remanded for additional development, including a VA audiological examination to determine the nature and etiology of his right ear hearing loss. The issues are related to service connection based on new evidence.

The Veteran's claim for a TDIU is granted, effective from the date he stopped working on June 30, 2006. The claims for higher ratings of residuals of compression fracture L1 and left knee osteoarthritis are also granted.

The Veteran's left knee disability, including post-operative meniscectomy and osteoarthritis, is currently rated at 20 percent. He also has a separate 10% rating for arthritis of the left knee.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine, to include lumbar strain, prior to May 6, 2008, was denied by the Board. The issue of whether he is entitled to an increased rating since May 6, 2008, remains pending.