Osteoarthritis (degenerative arthritis) decisions — 2013

The Board has remanded the case for further development, including scheduling a VA examination and adjudicating both the reduction of the disability rating from 30 percent to 10 percent and the issue of an increased rating for right knee strain with osteoarthritis.

The Board has remanded the case for further action on issues of increased disability evaluation for left knee chondromalacia with degenerative arthritis based on limitation of motion, initial compensable evaluation for a hernia condition, and TDIU benefits.

The Veteran's claims for increased ratings for his service-connected degenerative arthritis of the right and left knees were denied as there is no evidence showing either knee has flexion limited to 30 degrees or less, nor does it show ankylosis, dislocation, impairment of the tibia or fibula, or genu recurvatum, or recurrent subluxation or instability.

The Veteran's service-connected disabilities were rated based on their severity under the applicable rating criteria. His right fibula fracture was rated 20% prior to August 6, 2008 and 40% from December 1, 2008. The scars of his nose, left side of face, and scalp were rated as compensable.

The Veteran's appeal for an increased evaluation of his service-connected left knee disability has been withdrawn.

The Board granted service connection for degenerative arthritis of the left knee with an effective date of August 14, 2006. The Veteran's claim was reopened and new evidence was submitted to support this decision.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The Board found that there is no evidence of frostbite or right great toe fracture during service, and the current conditions are not related to service.

The Veteran's appeal is being remanded for a videoconference hearing before a Member of the Board.

The Veteran's right and left shoulder disabilities, diagnosed as degenerative arthritis, were incurred during active duty service.

The Veteran's service-connected left shoulder and knee disabilities have not been shown to warrant a higher disability rating based on the current evidence of record.

The Veteran's claims for service connection for bilateral shrapnel wounds (unspecified), bilateral leg disability with osteoarthritis, left knee replacement, and prostatitis have all been denied as there is no evidence of a current disability related to active military service.,Service treatment records are negative for any diagnoses or complaints regarding these conditions. The Veteran's disabilities were first demonstrated many years after separation from service.

The Board finds that the Veteran's degenerative polyarthritis was incurred in or aggravated by active duty service.

The Board has remanded the case for additional development due to insufficient examination reports and incomplete service treatment records.

The Board found that the Veteran's service-connected left knee sprain/strain, based on instability and limitation of flexion, did not meet the criteria for a rating in excess of 10 percent.

The Veteran's service-connected knee and hip disabilities have been evaluated as separate conditions, with the right knee rated at 10 percent and the left knee also rated at 10 percent. The bursitis of the left hip is rated at 10 percent. No higher ratings are warranted for any of these conditions.

The Veteran's service-connected osteoarthritis of the little finger with ankylosis at the distal interphalangeal joint is rated as a noncompensable disability. However, after considering all relevant factors, including pain and functional impairment, the Board has determined that a 10 percent rating is warranted.

The Veteran's appeal is for an increased rating for osteoarthritis of the right hip. The RO granted service connection and assigned a 10 percent initial rating in October 2009, but the Veteran contends that his disability is more severe than what was initially assigned.

The Veteran's claims for service connection for an acquired psychiatric disorder, increased ratings for total knee replacement with associated scars, and a higher rating for right knee degenerative arthritis were denied. The Board found that the evidence did not support granting any of these claims.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine was denied as there is no evidence of ankylosis, chronic neurologic disability, or incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 6 weeks during any 12-month period.