Osteoarthritis (degenerative arthritis) decisions — 2015

The Veteran's service connection claims for tuberculosis, hepatitis, chronic allergic conjunctivitis of the eyes, sinusitis, and heart murmur were granted. He was also granted a noncompensable rating for bilateral hearing loss and allergic rhinitis. The claim for increased ratings for degenerative arthritis of the thoracolumbar spine, hemorrhoids, and inguinal hernia with right testicle pain is pending.

The Board has determined that the Veteran's current foot disorders, including bilateral pes planus and left valgus pronation, are likely related to his period of service. The Board also finds that these conditions are secondary to his bilateral pes planus, which is considered a service-connected condition.

The Veteran's low back disability has been rated at 40 percent since March 17, 2014. Prior to that date, the disability was rated at 20 percent.

The Veteran's appeals for increased ratings for left knee, right knee, and hypertension have been dismissed as he withdrew his appeals prior to the Board's decision.

The Veteran's right knee disability, following a total knee replacement, has been characterized by chronic residuals of severe painful motion. The Board finds that the criteria for a 60 percent disability rating are met from December 1, 2012.

The Veteran's claims for increased evaluations of her bilateral knee arthritis and TDIU were granted. The left knee was rated at 10% prior to October 17, 2014, and at 30% thereafter. The right knee was rated at 10%. The Board also found that the Veteran's service-connected disabilities did not preclude her from engaging in substantially gainful employment.

The Veteran's surviving spouse is eligible for death pension with aid and attendance benefits due to her need for assistance in daily living.

The Veteran's non-service-connected disabilities are of sufficient severity to permanently preclude him from engaging in substantially gainful employment consistent with his age, education, and occupational experience. The Board finds that the criteria for a permanent and total disability rating are met, granting non-service-connected disability pension benefits.

The Board has determined that the Veteran's bilateral hip and knee disabilities are related to her active duty service, including her duties as a jump instructor. The claims for service connection have been granted.

The Veteran's claim for service connection for PTSD is granted, and the Board finds that his current diagnosis of PTSD is etiologically related to an in-service stressor. The Veteran's claim for increased evaluation for facet osteoarthritis with right L5 pars interarticularis defect of the lumbar spine is also granted.

The Veteran's initial claim for a compensable rating prior to February 26, 2010 was denied. From that date forward, his claim for an increased rating was also denied.

The Veteran's back brace for his service-connected low back disability results in wear and tear to his clothing, warranting a clothing allowance for 2014. However, the knee braces are not prescribed for any service-connected disability, nor is there evidence of skin conditions due to service-connected disabilities that would qualify for a clothing allowance.

The Veteran's service-connected disabilities have resulted in a permanent loss of use of his right foot, and the Board finds that he is entitled to an automobile and adaptive equipment or adaptive equipment only.

The Veteran's appeal is being remanded due to the need for additional VA examination and consideration of his claim for a higher rating for his service-connected low-back disability.

The Board has remanded the case due to the need for a new VA examination and updated treatment records.

The Veteran's left knee disability is manifested by pain and stiffness, but not by chronic objective evidence of flexion limited to 45 degrees or less; extension limited to 10 degrees or more; recurrent subluxation or objective evidence of lateral instability; dislocated semilunar cartilage with frequent locking, pain, or effusion into the joint; or impairment of the tibia or fibula. The criteria for a disability rating of 10 percent have been met.

The Veteran was unable to maintain substantial gainful employment from August 2006 to August 2007 due to service-connected disabilities, but has been able to obtain and maintain substantially gainful occupation since then.

The Veteran's appeal includes claims for an increased rating for cervical spine disability and service connection for sleep apnea. The Board has determined that additional development is needed, including obtaining medical records and scheduling VA examinations.

The Board finds that the Veteran's degenerative arthritis of the lumbar and thoracic spine is more likely than not related to his service-connected left knee disability, warranting service connection on a secondary basis.

The Board has granted service connection for left hand degenerative arthritis, denied service connection for hypertension and diabetes mellitus, and reopened the claim of right knee disorder.