Osteoarthritis (degenerative arthritis) decisions — 2014

The Board has determined that the Veteran's claimed disabilities, including low back and bilateral hip conditions, were not incurred or aggravated during his active military service. The evidence does not establish a nexus between these conditions and any in-service injury or event.

The Veteran's right shoulder disability was not related to service and denied.,Sleep apnea and GERD were both found to be due to undiagnosed illnesses associated with the Gulf War, but as these conditions are presumed, no rating is assigned.

The Veteran's appeal is being remanded to obtain additional evidence and determine if he is unemployable due to his service-connected disabilities.

The Board has determined that the Veteran's current bilateral shoulder disabilities are not related to his active service or any service-connected disability, and thus denied both claims for service connection.

The Veteran's compensable rating for residuals of fractures to the third, fourth, and fifth metacarpals of the left hand has been granted.,For hypoesthesia of the fifth digit of the left hand, a 10 percent rating was assigned effective March 15, 2010. The appeal is denied as there is no evidence of a higher rating for this period.

The Veteran's unauthorized medical expenses incurred at a private medical facility in July 2011 are granted as the criteria for reimbursement under 38 U.S.C.A. § 1728 have been met.

The Veteran's claims for higher ratings for his right shoulder and left knee were denied. The Board found that the evidence did not support a rating in excess of 20% for his right knee osteoarthritis, which was granted with a 20% evaluation.

The Veteran's claims for higher ratings and propriety of assigned ratings are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran was granted service connection for depression. The Board also addressed other claims but deferred a decision pending further case development, including obtaining SSA records and verifying the in-service stressor for PTSD.

The Veteran's appeal is being remanded to obtain additional medical records and for further development of her claims, including service connection for bilateral hip disorder, low back disorder, and bilateral leg disorder.

The Veteran's low back disability was rated at 40 percent effective January 3, 2014. His right and left knee disabilities were each assigned a separate 10 percent rating as of the same date.

The Veteran's combined schedular service-connected disability rating for his right and left shoulder disabilities is 50%. The VA Director of Compensation has determined that the Veteran's service-connected disabilities do not render him unemployable. Therefore, TDIU is denied.

The Board has determined that the Veteran's left hip disability is caused or aggravated by his service-connected right hip disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for VA examinations to assess his knee conditions. The TDIU claim will also be referred to the Director of Compensation Service for extraschedular consideration.

The Board denied the Veteran's claims for service connection for a left elbow disability, an increased rating for right plantar callus, and low back disability. The low back disability was found not to be related to service due to lack of continuity of symptoms since separation from service.

The Veteran's claim for an effective date prior to April 30, 2010 for the grant of service connection for lumbar spine degenerative osteoarthritis and disc disease was denied. The Board found that the initial denial in 1996 did not contain CUE.

The Veteran's left knee disability, characterized as degenerative arthritis and residuals of a partial meniscectomy, is currently rated at 10 percent. The Board has determined that he does not meet the criteria for a higher rating under Diagnostic Codes 5260 or 5261 due to limitation of flexion or extension. However, he meets the criteria for a separate 10 percent rating based on slight instability of the left knee.

The Board has determined that the Veteran's claimed bilateral knee and foot disabilities did not manifest during service or within one year of separation, and there is no evidence linking these conditions to service. As such, service connection for these conditions cannot be established.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative arthritis of the right knee is granted. The issue of service connection for Wolff-Parkinson-White Syndrome (claimed as heart condition with irregular heartbeat) is addressed in the REMAND portion of the decision.

The Veteran's service-connected disabilities combine to render him unable to secure and follow substantially gainful employment, thus meeting the criteria for a TDIU. Service connection for tinnitus was denied as there is no evidence of its onset during or within one year after service.