Osteoarthritis (degenerative arthritis) decisions — 2013

The Veteran's right knee instability and osteoarthritis have been rated at the maximum available disability ratings since August 26, 2010. The appeal is granted.

The Board denied the Veteran's claims of service connection for left shoulder and bilateral knee disorders, finding that there was no evidence of a nexus between these conditions and his military service.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there is no competent and credible evidence linking his current low back disorder to any aspect of his period of service. The preponderance of the evidence is against a finding that the Veteran's current low back disorder is proximately caused or aggravated by his service-connected pes planus.

The Veteran's lumbar spine disability is currently rated at 20 percent, and his cervical spine disability was previously rated at 10 percent prior to October 22, 2008. Since then, it has been rated at 20 percent. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Board denied the Veteran's claims of service connection for sleep apnea, osteoarthritis, Celiac disease, allergic rhinitis, immune deficiency, peripheral neuropathy, muscle disability, and skin disability. The Board found that these conditions were not incurred or aggravated by active duty service.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating for his right knee anterior patellar spurs, arthritis of the hands (secondary to carpal tunnel syndrome), or an acquired psychiatric disorder other than PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and conducting spine and neurological examinations.

The Board is remanding the case to obtain updated VA and private medical records, as well as any SSA disability benefits related documents. The Veteran's claims for hypertension and lumbosacral spine degenerative arthritis will be readjudicated after this additional development.

The Board has determined that the Veteran's bilateral knee disorders are not related to his active service or a service-connected disability, and therefore denied the claim.

The Veteran's posttraumatic degenerative arthritis of the right ankle status post Dwyer calcaneal osteotomy has been rated at 20 percent since November 1, 2010.

The Board has determined that the Veteran's right knee disability did not originate during his periods of active duty for training and therefore denied service connection.

The Veteran's low back injury with DJD resulted in marked interference with his employment as a truck driver and mechanic prior to February 20, 2007. From that date forward, the disability rendered him unable to perform these duties due to severe symptoms.

The Board found that the Veteran's right ankle disorder did not have its clinical onset in service and is not otherwise related to active duty. Degenerative arthritis of the right ankle was also not exhibited within the first post-service year.

The Veteran's bilateral midfoot osteoarthritis is found to have been incurred in service, with the Board resolving doubt in his favor.

The Board has granted service connection for a left knee disability, diagnosed as degenerative arthritis and status-post arthroscopic meniscectomy, based on the Veteran's in-service injury during combat service.

The Veteran's claims for increased ratings for depression, cervical spine disability, thoracolumbar spine disability, right foot plantar fasciitis and left foot plantar fasciitis were denied. The RO assigned non-compensable ratings to these disabilities.

The Veteran's claims for service connection for a right knee disorder, increased rating for degenerative arthritis of the left knee, and initial rating for instability of the left knee were denied. The Board found no evidence of a chronic right knee disorder or any other disability related to service. For the left knee conditions, the Board noted that there was no limitation of motion but did not find sufficient evidence to grant higher ratings based on X-ray findings.

The Veteran's service-connected left hip disability, which is characterized by minimal residuals following a total hip replacement, does not meet the criteria for an initial disability rating in excess of 30 percent.

The Veteran's left ankle arthritis is rated at 20 percent, and his bilateral knee disorders are not service-connected. The lumbosacral spine disorder was also found to be directly related to the service-connected left ankle arthritis.

The Board denied an initial evaluation in excess of 10 percent for the Veteran's service-connected right shoulder disability, finding that her symptoms did not warrant a higher rating based on Diagnostic Codes 4.73 and 5301.