Osteoarthritis (degenerative arthritis) decisions — 2013

The Board has determined that the Veteran's claims for service connection are not properly adjudicated due to a lack of information regarding his periods of active duty, ACDUTRA, and INACDUTRA. The RO is instructed to obtain this information and provide the Veteran with appropriate VCAA notice.

The Veteran's degenerative arthritis of the right and left knees is currently rated at 10 percent, which does not meet the criteria for a higher evaluation based on limitation of motion or other factors.

The Veteran's claims for increased evaluation, SMC based on loss of use of the left upper extremity, and SMC based on need for regular aid and attendance are being remanded due to insufficient evidence. Further development is needed to determine if the service-connected conditions result in loss of use of the hand or upper extremity.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's right foot osteoarthritis and fracture residuals are currently rated at 30 percent, but the Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has determined that the Veteran's left knee and low back disorders are not related to his active service or a service-connected disability. The evidence does not support a finding of direct service connection for these conditions.

The Board found no evidence to support a connection between the Veteran's current thoracolumbar spine disorder and his military service, including any period of active duty. The claim was denied.

The Board found that the Veteran's current right great toe disability did not have onset during service and was not caused by any event, injury, or disease during active service. As a result, the claim for service connection for residuals of a right great toe injury is denied.

The Veteran's current left knee osteoarthritis is related to his military service, and the Board finds that the evidence in favor of the claim is at least in equipoise with that against it. As such, the benefit of the doubt must be resolved in favor of the Veteran.

The Veteran's claim for an initial rating in excess of 10 percent for osteoarthritis of the right knee was remanded by the Board. The case is being returned to the RO for further action, including additional development and a new VA examination.

The Board denied service connection for bilateral knee osteoarthritis and a right medial meniscus tear, as well as generalized arthritis (not limited to ankles and knees) and hypertension. The Veteran's current disabilities were not shown to be incurred during his periods of active military service.,Service connection was also denied for the Veteran's claimed conditions due to lack of evidence showing they were incurred or aggravated by active duty.

The Board has determined that additional development is required due to the denial of service connection for PTSD and cervical spine osteoarthritis. The Veteran's claims are being remanded for further investigation into his claimed in-service stressors and VA treatment records.

The Veteran's claim for increased ratings for osteoarthritis of the left knee and ankle is being remanded due to the need for additional examinations and treatment records.

The Veteran's claim for service connection for degenerative arthritis of the cervical and lumbar spine is being remanded due to inadequate opinion from the VA examiner. The Board will seek an addendum opinion that considers the continuity of symptomatology.

The Board found that the Veteran's bilateral knee disorders are not related to his military service, including an in-service ejection injury. The weight of evidence does not support a finding that the arthritis was compensably disabling within one year of separation from active duty or that there is a nexus between current diagnoses and service.

The Veteran's disability rating for discospondylosis of the lumbar spine with osteoarthritis of lumbosacral and sacroiliac joints is maintained at 40 percent, based on forward flexion limited to 30 degrees. The associated incomplete paralysis of the sciatic nerve in both legs is rated as 10 percent disabling.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and the evidence is at least in equipoise that he is unemployable due to his lumbar spine disability. Therefore, entitlement to a TDIU is granted.

The Veteran's appeal for a higher rating for his left index finger disability was granted, with the effective date not specified.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has reopened the claim for service connection for a low back disorder with spasms, finding that new and material evidence has been submitted. The cervical spine disorder is not related to active duty service or a service-connected disability. The Veteran's temporomandibular dysfunction, residuals of fractured mandible, is rated as 20 percent disabling since December 21, 2012.