Osteoarthritis (degenerative arthritis) decisions — 2014

The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected degenerative arthritis of the left knee, status post surgery for ACL repair with residual scars was denied by the RO. The Board has now remanded the case to obtain additional evidence and conduct a new VA examination.

The Veteran's initial compensable rating for residuals of a left index finger laceration is granted, while his PTSD and lumbar spine disabilities remain at the current ratings.

The Board has determined that the Veteran's claimed left and right shoulder disabilities are not service-connected as they are not shown to be related to his military service.

The Board has determined that the Veteran's right and left knee osteoarthritis, as well as his degenerative disc disease of the lumbar spine, are all related to service.

The Veteran's back disability has been granted service connection and assigned a 10 percent initial disability rating, effective January 31, 2005. The Veteran is also in receipt of separate 10 percent ratings for sensory deficit of the external cutaneous nerve or left thigh and for sensory deficit of the right extremity associated with the service-connected back disability.

The Veteran's claims for increased evaluations of his service-connected bilateral knee disabilities have been denied. The effective date for the awards has also been denied.

The Veteran's osteoarthritis of the left foot second toe is found to have its onset in service and has been present continuously since separation. Service connection for this condition is granted.

The Veteran's osteopenia is found to be secondary to his service-connected diabetes mellitus.,There is no evidence of a current degenerative arthritis of the lumbar spine in service or within one year after separation, and it has not been shown to have been caused by service or caused or aggravated by his service connected diabetes mellitus.

The Board denied service connection for headaches and bilateral foot disabilities due to lack of evidence linking these conditions to active service.

The Veteran's right lower extremity disabilities combine to a rating equal to or greater than that assigned for amputation of the right lower extremity above the knee. A higher disability rating cannot be assigned as such would violate the amputation rule.

The Veteran's service-connected right knee disability has been rated at 30 percent since November 2011, reflecting severe instability and painful motion with limited flexion.

The Board has remanded the case for additional development due to an inadequate VA examination. The Veteran's reports of numbness and pain during service are to be considered in any new opinion.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a cervical spine disorder. The Board finds that the evidence is in equipoise as to whether the Veteran's current cervical spine disorder is related to his active military service, and therefore grants the claim.

The Board denied an earlier effective date for the award of service connection for left ankle degenerative arthritis, finding that the Veteran's claim was not filed until December 10, 2002. The decision is based on the fact that no informal or formal claims were submitted between 1973 and 2002.

The Veteran's appeal is being remanded to obtain and associate with the claims file all outstanding VA treatment records pertinent to his left knee disability, including a current VA examination. The goal is to fully evaluate the service-connected left knee disability in terms of the applicable criteria.

The Veteran's appeal includes multiple issues related to the ratings and effective dates for various service-connected disabilities, including right ankle instability, right knee chondromalacia patella, left degenerative joint disease, and low back osteoarthritis. The appeals are being remanded due to scheduling issues.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her service-connected thoracolumbar spine disability and right upper extremity paresthesias.

The Board finds that the Veteran's left knee disorder is not related to service or his service-connected varicose vein condition, and thus denied the claim for service connection.

The Veteran's appeal is remanded for further development, including a VA examination to determine if his service-connected disabilities prevent him from securing and following substantially gainful employment. The case will be referred to the Director of Compensation & Pension Services for consideration of entitlement to TDIU under 38 C.F.R. § 4.16(b).

The Veteran's service connection claim for residuals of a left thumb injury was granted. The claims for increased ratings for GERD and the left knee disability remain in appellate status.