Osteoarthritis (degenerative arthritis) decisions — 2014

The Board found that the current left knee disability, degenerative arthritis, was not incurred in service and is not related to a service-connected right knee disability. The claim for secondary service connection was also denied.

The Board finds that the Veteran's statements about the continuity of his back pain since service are credible, and that the condition was incurred in service. Therefore, it is at least as likely as not that the Veteran has a back condition that is attributable to service.

The Veteran's appeal is being remanded to obtain a new VA examination for his low back disability and to address the issues of increased ratings for incomplete paralysis of left upper extremity and TDIU. The RO must also issue a statement of the case regarding the claim for an increased rating for the left upper extremity.

The Veteran's residuals of a left hand fracture have been rated as 10 percent disabling, reflecting the limitation of motion and pain in his left long finger.

The Veteran's right elbow disability has been rated at 10 percent since August 2008 and increased to 30 percent effective August 11, 2011. The rating is based on limitation of flexion and extension.

The Veteran's allergic rhinitis with pharyngitis is rated at 10 percent, while his degenerative arthritis of the right knee and left knee are currently not assigned a rating due to lack of evidence indicating service connection theory other than direct.

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, chronic cervical strain disorder, and anthracosis of the lungs. The Veteran's claims for a right knee disorder and bilateral hip disorders are being remanded.

The Veteran's service-connected low back intervertebral disc syndrome with degenerative arthritis and right sciatic neuropathy have not met the criteria for an initial evaluation in excess of 10 percent.

The Veteran's appeal is being remanded for scheduling a videoconference hearing due to her inability to attend the previously scheduled hearing. The case will be processed as though the request for a hearing had been withdrawn.

The Veteran withdrew his appeals for increased ratings and service connection on the issues of osteoarthritis of the left knee, status post total knee replacement with scars, and a shortened leg with gait disorder.

The Veteran's PTSD is manifested by symptoms such as strained relationships, disturbances of mood and motivation, depressed mood, anxiety, nightmares, flashbacks, chronic sleep impairment, impairment of short and long term memory, difficulty concentrating, suicidal ideation, periods of violence, and increased cognitive decline. The Board has determined that the criteria for a disability rating of 50 percent for PTSD have been met or approximated.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including obtaining medical records and scheduling him for VA examinations.

The Board has determined that the Veteran's right and left leg disabilities are related to service, with osteoarthritis of both knees being a residual of an injury during active military service. The Veteran's left knee disability was caused or aggravated by his right knee disability.

The Board has determined that there is no evidence of a chronic low back disability during service or within one year after discharge, and the Veteran's current degenerative arthritis of the thoracolumbar spine was not incurred in or aggravated by his military service.

The Veteran's appeal is being remanded for additional development, including scheduling new VA examinations to assess the severity of her service-connected scars and determine whether any other disabilities are related to military service.

The Veteran's current knee and ankle conditions were not shown to be related to his military service.

The Board has determined that the Veteran's death was not caused by or related to any service-connected disability, including his right shoulder arthritis. The primary causes of death were acute renal failure, congestive heart failure, and pleural effusion, which did not have their onset in service or within one year post-service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a total disability rating based on individual unemployability.

The Veteran's current right and left knee disabilities are considered to be related to injuries sustained during service, including combat. The Board has granted service connection for these conditions based on direct service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of his service-connected left ankle and foot osteoarthritis and left heel spur.