Osteoarthritis (degenerative arthritis) decisions — 2013

The Veteran's increased ratings for his service-connected left wrist disability and left upper extremity peripheral neuropathy are granted, with the left wrist disability rated at 70% from September 10, 2012.

The Veteran's right knee disability was rated at 20 percent for limitation of extension from July 22, 2009 through January 3, 2013. The rating for limitation of flexion remained noncompensable.

The Veteran's lumbar spine disability is currently rated at 10 percent, the maximum schedular rating available for limitation of motion. The claim for sinusitis and CTS has been reopened but no new evidence was provided to support these claims.

The Board has remanded the claims for service connection and increased rating due to procedural issues, with no specific decision on the merits.

The Veteran's initial compensable rating for osteoarthritis of the right knee with meniscus tear status post medial meniscectomy is granted, and his service-connected right knee scar remains at a 10 percent evaluation. The April 1995 decision granting service connection for right ulnar neuropathy and a right elbow disability is found to contain clear and unmistakable error (CUE).

The Veteran's appeal was withdrawn for the issues of increased evaluations for PTSD, right knee and lumbar spine disabilities. The Board granted service connection for degenerative arthritis of the left knee as secondary to his service-connected right knee disability.

The Veteran's claims for increased rating and service connection are being remanded due to unclear nature of his lumbar spine disability, incomplete Reserve service records, and need for further examination regarding left arm and knee conditions.

The Veteran's lumbar spine disability, characterized by limited range of motion and occasional incapacitating episodes, does not meet the criteria for a higher rating than the current 20 percent assigned under Diagnostic Code 5243.

The Veteran's initial evaluations for cervical degenerative arthritis, frozen left shoulder (minor), and frozen right shoulder (major) have been denied as they do not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for increased ratings for his service-connected left shoulder disability was denied. The RO granted a 30 percent rating effective October 4, 2011.

The Board denied the Veteran's claims for service connection and an initial rating in excess of 20 percent for his right knee disability. The Veteran was granted service connection for rheumatic valvulitis, but this is not relevant to the current appeal.

The Veteran has withdrawn his appeals for all issues, including the ratings for elevated right hemidiaphragm, cervical spine degenerative disc disease, lumbar spine disability, and neurological deficit of the sciatic nerve of the right lower extremity.

The Board has determined that the Veteran's right knee degenerative arthritis is service connected. The left knee degenerative arthritis, claimed as secondary to the right knee degenerative arthritis, will be remanded for further development.

The Board has determined that the Veteran's service-connected disabilities, including right thigh SFWs, neuroma of the right saphenous nerve, degenerative arthritis of the right knee, malaria, and donor scars of the left thigh, so without regards to other factors such as his age and non-service-connected disabilities, prevent him from obtaining or maintaining employment even sedentary work.

The Veteran's service-connected disabilities did not prevent him from maintaining substantially gainful employment prior to April 6, 2010.

The Board denied the Veteran's claim for service connection for a right leg/knee disorder, finding that there was no clear and unmistakable evidence of pre-service existence of the condition and that the current disability is not related to his military service.

The Veteran's appeal is being remanded to obtain additional medical opinions and records, including a VA examination for his service-connected knee disabilities. The TDIU claim will also be addressed.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and is not otherwise a result of active military service or a service-connected disability.

The RO properly calculated the combined schedular disability rating for the Veteran's service-connected disabilities following increases in ratings for individual disabilities by a December 2010 rating decision, and he is not entitled to a higher combined rating.

The Veteran is seeking TDIU benefits due to service-connected left knee and right ring finger disabilities. The Board finds that additional development is needed, including obtaining an opinion on the impact of his service-connected disabilities on his employability.