Osteoarthritis (degenerative arthritis) decisions — 2013

The Veteran's right hip bursitis and degenerative arthritis were found to be incurred in service. The claims for bilateral hearing loss, foot numbness, forearm burn, elbow laceration, sleep disorder, PTSD, hand numbness, pes planus, chronic fatigue syndrome, fibromyalgia, headaches, urological disability, gastrointestinal disability, respiratory disability, immune deficiency disability, and back injury were all denied. The Veteran withdrew his appeals for these claims prior to the Board's issuance of a final decision.

The Board has determined that the Veteran's hypertension pre-existed service and was not aggravated by service. The claims for osteoarthritis of the left hip, right hip, left hand, and right hand are denied as there is no clear and unmistakable evidence showing aggravation during service.

The Veteran's unauthorized medical expenses incurred at private facilities were denied as the treatment was not related to a service-connected disability and did not meet the criteria for emergency treatment.

The Veteran's claim for an earlier effective date for the assignment of a TDIU was denied as it is not factually ascertainable that he was unable to obtain or maintain gainful employment within the year preceding May 21, 2010.

The Veteran's lumbar spine disorder is currently rated at 20 percent, the maximum schedular rating available for this condition. The claim for service connection of a neurological disorder secondary to his lumbar spine disorder remains pending.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the impact of his right hand disability on employment and clarifying the extent of his service-connected disabilities.

The Veteran seeks service connection for degenerative arthritis of the right shoulder, which he claims is secondary to his service-connected gunshot wound to the left side of the neck with muscle involvement and surgical scar on the right side of the neck. The Board has determined that further medical clarification is needed.

The Veteran's appeal is remanded for the purpose of obtaining additional VA and private treatment records, including those from Dr. Wilton, to determine if arthritis in August 2005 was the cause of his right ankle pain in September 2004 or earlier.

The Veteran's claims for service connection for total right and left knee replacements due to osteoarthritis are being remanded as additional STRs need to be located, and the VA examiner's opinion needs clarification.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a left knee disorder.

The Board found that the Veteran's cervical spine degenerative arthritis and degenerative disc disease were not incurred during service, nor are they related to his active duty service.

The Veteran withdrew his appeals for an increased evaluation for his service-connected right knee degenerative arthritis and for a TDIU rating prior to the Board's decision.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of her service-connected knee disabilities.

The Board has determined that the Veteran's left shoulder disorder and right knee disorder are not related to his period of active duty service. The evidence does not support a finding that these conditions were incurred or aggravated during service.

The Veteran's lumbosacral spine disorder was rated at 20 percent prior to February 12, 2009 and increased to 40 percent since July 1, 2009. The rating is mixed as some issues were granted while others were denied.

The Veteran's claim for TDIU is being remanded due to the need for clarification of an opinion from a VA examiner regarding whether his service-connected right thumb disability renders him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for additional examinations and consideration of the evidence added to his claims file. The issues include rating higher than 30 percent for a mood disorder, higher than 20 percent for degenerative arthritis of the lumbar spine, higher than 10 percent for degenerative arthritis of the right knee, higher than 10 percent for lateral instability of the right knee, and higher than 10 percent for a left knee disability.

The Veteran's service-connected disabilities, including a right leg amputation and degenerative disc disease of the lumbar spine, affect his ability to move without assistance. As such, he meets the criteria for a special home adaptation grant.

The Veteran's lumbar spine disability with associated arthritis and hip conditions is rated at 40 percent, effective June 17, 2009.

The Veteran's service-connected post thoracolumbar strain with degenerative arthritis was found to not warrant a rating in excess of 10 percent prior to November 8, 2007 and 20 percent from that date. The claim for TDIU was denied.