Osteoarthritis (degenerative arthritis) decisions — 2013

The Veteran's right knee disability is currently rated at 10 percent for degenerative arthritis. The Board finds that the current rating adequately reflects the severity of his condition based on the diagnostic criteria provided.

The Board has determined that the evidence is in relative equipoise as to whether a disorder of the spine was incurred during active service, and thus grants service connection for this condition for accrued benefits purposes.

The Board is remanding the case to obtain missing VA treatment records and to further evaluate the Veteran's cause of death, including the role of his service-connected conditions in contributing to his demise.

The Board has determined that the Veteran is entitled to service connection for a respiratory disorder, bilateral hip disorder, and bilateral ankle disorder. These conditions are found to be related to his military service.,Service connection is granted for these conditions.

The Board found that the Veteran's current left hip disability, including osteoarthritis, did not have its onset in service or manifest to a compensable degree within one year after discharge from active service and is not the result of a disease or injury incurred in service. Therefore, the claim for service connection was denied.

The Veteran's service-connected gout disability is manifested by multiple joint pain that is exacerbated for periods of three days several times per year, preventing long periods of standing and affecting his ability to sleep.,From January 1, 2007, to October 5, 2009, the Veteran was absent from work due to his service-connected gout disability.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records since April 2011 and scheduling a new VA examination. The issue of entitlement to an initial disability rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative arthritis of the lumbar spine will be reconsidered.

The Veteran's lumbar spine osteoarthritis warrants a 20 percent initial rating effective February 1, 2012. The VA found that the disability resulted in forward flexion of the thoracolumbar spine being limited to 60 degrees.

The Veteran's left knee disability, characterized by moderate tricompartment osteoarthritis with patella tendonitis, was rated at 10 percent disabling from April 2008 through May 16, 2011. The VA compensation examinations showed extremely limited motion due to severe pain and the need for knee replacement surgery which could not be performed due to substance abuse.

The Board found that the Veteran's current varus osteoarthritis of the right knee is related to his active service, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case for further development, including a VA examination and readjudication of the claim.

The Veteran's claims for increased ratings and service connection were denied as his conditions are not found to be related to his service-connected gunshot wound residuals.

The Veteran's cervical paraspinous and trapezious muscle myofascial pain is granted compensation under 1151, but his left shoulder acromioclavicular arthritis, left knee degenerative arthritis, and left testicle and leg disability (ilioinguinal nerve neuritis) are not related to the horseshoeing accident.

The Veteran's claims for increased ratings were denied. The RO increased the rating for the service-connected osteoarthritis of the thoracolumbar spine to 40 percent effective on September 8, 2008 and for residuals of a fracture of the left fibula to 30 percent effective on July 20, 2010. The Veteran's claims remain pending.

The Board has determined that a rating in excess of 10 percent for right knee patellofemoral syndrome and osteoarthritis with limitation of extension is not warranted, but has granted a separate 20 percent rating for residuals of arthroscopic partial meniscectomies and chondroplasties with locking and effusion.

Effective August 15, 2007, the Veteran's migraine headaches are rated at 50 percent disabling due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The rating for osteoarthritis of the lumbar spine remains at 30 percent.

The Board has granted service connection for right knee degenerative arthritis as secondary to the Veteran's service-connected left knee disability. The issue of entitlement to an increased rating for the left knee disability and a TDIU is remanded due to new evidence indicating possible worsening of symptoms.

The Veteran's claim for a higher initial disability evaluation for the service-connected adjustment disorder with depressed mood was granted, and he is now rated at 50 percent from August 25, 2010. Other claims were either denied or are pending.

The Veteran's service-connected disabilities, including coronary artery disease and degenerative arthritis of the spine, are found to affect his ability to engage in substantially gainful employment. The case is REMANDED for further development.

The Veteran's right knee arthritis and torn meniscus have been rated based on their current manifestations, with no additional disability found to warrant higher ratings.