Osteoarthritis (degenerative arthritis) decisions — 2012

The Veteran's claim for service connection for bilateral knee osteoarthritis, patellar tendonitis, and meniscus tears is being remanded due to the need for additional development including obtaining medical records and scheduling a new VA examination.

The Board finds that the Veteran does not have a cervical spine disorder, presently manifested by DDD, due to disease or injury that was incurred in or aggravated by active service.

The Veteran's thoracolumbar spine disability is rated at 40 percent, the highest available rating under VA guidelines. The left and right ankle disabilities are each rated at 10 percent, reflecting their respective conditions. The left knee disability is rated at 20 percent for loss of motion with a separate 20 percent rating for instability. The right knee disability is also rated at 20 percent for loss of motion.

The Veteran's condition meets the criteria for special monthly pension based on need for aid and attendance due to his disabilities, including leg pain, diabetes mellitus, hypertension, coronary artery disease, right hip strain with chronic pain and limitation of motion (LOM), status post operative repair, tear medial meniscus and osteochondritis dissecans right knee with chronic pain, degenerative arthritis with LOM in flexion and extension with incomplete extension, status post operative total knee replacement left knee with chronic pain, diffuse degenerative disc disease of the lumbar spine with partial lumbarization of S1 with chronic pain, and varying LOM. The Veteran is legally blind and requires assistance for daily activities such as cooking.

The Board has determined that further development is needed to obtain worker's compensation records from Texas and Missouri, as well as any pertinent private treatment records. The Veteran's cervical spine disability claim will be remanded for these additional actions.

The Veteran's claim for an increased rating for osteoarthritis of the left knee as a residual of left tibia fracture was denied. The VA examiner found that flexion limited to 120 degrees with pain, but no malunion or nonunion of the tibia and fibula.

The Veteran's service-connected postoperative right knee meniscectomy and degenerative arthritis are currently rated at 10 percent each, but the evidence does not support a higher rating for either condition.

The Board has remanded the case due to an inadequate VA examination, and a new examination is required to determine if the Veteran's back disability is related to service.

The Veteran's right knee disability, including residuals of meniscectomy and arthritis, was rated at 20 percent prior to August 12, 2009. A separate rating for arthritis with limitation of extension was granted.

The Board has remanded the case for additional development, including obtaining SSA records and a VA joint examination to determine the nature and etiology of any current leg disorders.

The Veteran's claim for service connection for osteoarthritis of the hips, shoulders, and knees was denied as new and material evidence had not been submitted. The VA examiner concluded that the hip pain and associated gait abnormality accelerated the Veteran's service-connected arthritis, but did not establish a direct link to his lumbar disability.

The Veteran's claims for service connection were denied, and the petition to reopen his diabetes mellitus and leukemia claims was also denied. The Board found no evidence of herbicide exposure in service or any other basis for service connection.

The Veteran's degenerative arthritis of the lumbar spine at L4-L5 and sinusitis were both rated as 10 percent disabling, with no higher ratings granted due to lack of evidence supporting more severe disability levels.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's lumbar strain with mild degenerative arthritis of the thoracic and lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher evaluation as his range of motion does not warrant an increased rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service connection claim for a painful right foot scar was granted. The remaining claims, including those related to his back strain and feet disabilities, are in process.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining medical records. The issues are whether he should receive higher initial ratings for his service-connected lumbar osteoarthritis and left hip bursitis.

The Veteran's claims for increased ratings, service connection, and TDIU were denied. The effective date of the grant of service connection for degenerative osteoarthritis of the lumbar spine was set at May 19, 1999.

The Veteran's left knee disability was rated at 10%, then 20%, and finally 30% since July 2, 2009. The claim is now before the Board to determine if a higher rating is warranted.

The Board has remanded the case due to inadequate medical examination, and further development is needed before a decision can be made on the claims for higher initial ratings.