Osteoarthritis (degenerative arthritis) decisions — 2013

The Board denied the Veteran's claims for initial ratings in excess of 10 percent for osteoarthritis of the left knee and plantar fasciitis with degenerative changes.

The Veteran's claims for increased ratings for his shoulder disabilities were denied. The Board found that the evidence did not support a higher rating at any point.

The Veteran's service-connected left knee osteoarthritis and instability have been rated at the highest available disability evaluation of 20 percent, and no higher. The Board finds that a higher rating is not warranted.

The Veteran's claim for an increased rating for her service-connected left knee disability was denied, as the evidence did not show actual or functional flexion limited to 30 degrees.

The Veteran's left leg disability, including his service-connected gunshot wound and osteoarthritis, is currently rated at 40 percent. The Board denied a higher rating as the evidence does not support such an increase in severity.

The Board has ordered the VA to obtain additional medical records and for further development, including obtaining treatment records from Dr. Vivas and any relevant state disability retirement records.

The Veteran's appeal has been withdrawn by the appellant in July 2013.

The Veteran withdrew his appeal for an increased rating for his service-connected left shoulder disability.

The Veteran's right knee disability is being remanded for additional development to determine its etiology, including obtaining in-service hospital records and VA treatment records.

The Board has determined that the Veteran's right knee disorder is related to his service-connected left knee and lumbar spine disorders, granting service connection for this condition.

The Veteran's service-connected lumbosacral spine disability has been manifested by forward flexion to no less than 90 degrees, without muscle spasm or guarding resulting in abnormal gait or spinal contour. There were no incapacitating episodes prior to January 6, 2009.

The Board has determined that the Veteran's current degenerative disease of the cervical spine is related to his active military service, granting service connection for this condition.

The Board found that the Veteran's current back disabilities are not related to his in-service injury, and denied his claim for service connection.

The Board has determined that the Veteran does not have current diagnoses of degenerative arthritis of the left ankle or DDD of the cervical spine, and there is no evidence linking these conditions to service. The Board finds the January 2012 medical opinion persuasive in concluding that the Veteran's left ankle gout and cervical spine disability are not related to his military service.

The Board has remanded the case for additional development, including obtaining a supplemental opinion from the VA examiner regarding whether the Veteran's right shoulder disorder is due to or aggravated by his service-connected left shoulder degenerative arthritis.

The Veteran's right knee disability is characterized by severe instability and degenerative arthritis, resulting in a 30 percent rating. A separate 10 percent rating for degenerative arthritis has been granted.

The Veteran's service-connected disabilities, including his right ankle sprain and bilateral hip conditions, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's lumbar spondylolisthesis is rated at 20 percent, and his right knee degenerative arthritis, left knee status post partial meniscectomy with ACL reconstruction, and left knee status post partial meniscectomy are all rated as 10 percent.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for osteoarthritis, degenerative joint disease, and degenerative disc disease of the lumbar spine. The Board resolved all reasonable doubt in favor of the Veteran.

The Board has determined that further action is required to determine the relationship between the Veteran's current ankle, knee, hip, and shoulder conditions and his military service. The VA examiner's opinion was based on an inaccurate factual premise regarding a gap in medical records following separation from service.