Osteoarthritis (degenerative arthritis) decisions — 2015

The Veteran's claims for increased disability ratings are being remanded to allow for additional development of the record, including obtaining VA treatment records and affording the Veteran's representative an opportunity to review the case.

The Board has determined that the appellant's current right ankle, right hip, and right leg disabilities are not related to his military service. The claim for service connection is denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and attempting to verify the Veteran's reported motor vehicle accident in service. The Veteran will also be scheduled for a VA examination to determine the nature and etiology of any current low back disability.

The Veteran's claims for increased evaluations of his service-connected right knee, left knee, right shoulder, and right ankle disabilities have been denied. The RO found that the evidence did not support a higher evaluation based on functional impairment or additional limitation due to pain.

The Board has vacated the February 2015 decision denying service connection for a cervical spine disability and a lumbar spine disability. The Veteran's current cervical spine disability is not shown to be related to his active duty, as there was no evidence of scoliosis in service and it did not manifest until many years after discharge. Service connection cannot be granted on a direct basis without medical evidence linking the condition to service.

The Veteran's adjustment disorder is rated at 30 percent, the highest schedular rating available. His lumbar spondyloarthropathy status post L5 disc surgery is currently rated as 20 percent disabling. The Veteran's tinnitus is already assigned a maximum schedular rating of 10 percent. For his right ankle arthroplasty and left knee osteoarthritis, the current ratings are 20 percent for the right ankle and 10 percent each for the left knee. His right knee osteoarthritis is rated at 10 percent. The Veteran's TDIU claim has been granted.

The Board has granted service connection for the Veteran's back disorder as secondary to his service-connected left knee degenerative joint disease. The claim for an initial compensable disability rating for erectile dysfunction is denied, and the issue of TDIU is remanded.

The Veteran's service-connected postoperative residuals, fracture left ankle with hardware has been rated at 10 percent since May 12, 2010. Since then, the disability has progressed to include osteoarthritis of the left ankle, warranting a higher rating.

The Board has remanded the case for additional development, including scheduling a Travel Board hearing.

The Board is remanding the Veteran's claims for hypertension, upper and lower extremity disabilities, and residuals of right little finger injury due to inadequate opinions in prior decisions. The case will be returned for further development.

The Veteran's appeal for an initial compensable evaluation for service-connected degenerative arthritis, left shoulder was denied. The Board found that the evidence did not meet the criteria for a compensable rating prior to December 16, 2014, and as of December 16, 2014, it met the criteria for a 20 percent evaluation under Diagnostic Code 5201.

The Veteran's back disability was granted a 10 percent rating, and his right lower extremity radiculopathy received a separate 20 percent rating. The current effective date is October 23, 2012.

The Veteran's increased disability ratings for PTSD and osteoarthritis of the right ankle were denied, while his rating for an injury to Muscle Group I was granted. The TDIU claim remains pending.

The Veteran's service-connected migraines, right knee with degenerative joint disease, and left knee osteoarthritis render him unable to secure or follow substantially gainful employment. The Board finds that the criteria for TDIU are met.

The Veteran's service-connected degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a disability rating higher than 40 percent.

The Veteran's lumbar spine disability was rated at 10 percent prior to September 16, 2014 and increased to 20 percent since that date.,For the right foot, a separate 10 percent rating is assigned for hallux rigidus with degenerative arthritis. For the left foot, a 10 percent rating is assigned for degenerative arthritis of the first metatarsophalangeal joint.

The Board has remanded the case due to conflicting opinions on whether the Veteran's multiple joint arthritis and bilateral knee disability are related to service. Further development is needed.

The Board has determined that the Veteran's low back disorder and bilateral ankle disorder are related to his military service, granting service connection for both conditions.

The Veteran's appeals for service connection for bilateral carpal tunnel syndrome, increased ratings for right and left knee disabilities, and right and left foot bunions have been withdrawn. The Board has no further jurisdiction in these matters.

The Board has decided to remand the case due to new evidence and a need for additional examination, but the specific service connection issue remains unresolved.