Osteoarthritis (degenerative arthritis) decisions — 2015

The Veteran's appeal is being remanded for further development, including additional VA examinations to address the nature and etiology of his claimed psychiatric disorder, cervical spine, left ankle, right great toe, and left shoulder disabilities.

The Board has granted service connection for a low back disorder and increased ratings for right knee degenerative joint disease, left knee osteoarthritis, and instability of the left knee. The Veteran's claim for total disability rating based on individual unemployability is also addressed.

The Board has granted service connection for bilateral hearing loss, tinnitus, tricompartmental osteoarthritis of the left knee with a degenerative meniscal tear, and degenerative joint disease and degenerative disc disease of the lumbar spine. The cervical spine disability claim is dismissed due to withdrawal by the Veteran. The right knee disorder claim is remanded for additional development.

The Board has determined that the Veteran's osteoarthritis of the right and left knees is not related to his active service, nor may it be presumed to be related. The claims for service connection are therefore denied.

The Board has determined that the Veteran's injuries sustained on February 10, 1973 were proximately and immediately due to his own willful misconduct. Therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's right knee disability was incurred in active service and is granted.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new rating or benefits.

The Veteran's service connection for facet osteoarthritis of the L4-L5 and L5-S1, or arthritis of the lumbar spine is granted. The issue of service connection for a bilateral hip disability, to include as secondary to the service-connected left knee disability, remains pending.

The Veteran's claim for a higher rating for his service-connected osteoarthritis of the low back is being remanded due to the need for additional examination and treatment records.

The Board has granted service connection for left knee osteoarthritis and PTSD. The remaining issues of right knee disorder, back disorder, and alcohol abuse secondary to PTSD are remanded for further development.

The Veteran's left elbow disability, rated as 20 percent prior to May 29, 2013 and 50 percent from that date, is not entitled to a higher rating under the applicable diagnostic codes. The Board finds no evidence of ankylosis or impairment of flail joint warranting additional ratings.

The Board has determined that the Veteran's low back disorder had its onset in service and granted service connection for this condition. The other issues of service connection are addressed as well.

The Veteran's claims for increased ratings and temporary total evaluations were denied. The Board found that the evidence did not support higher ratings or a separate evaluation for subluxation of the right knee prior to April 29, 2014, or an initial evaluation in excess of 10 percent for osteoarthritis of the left knee after February 18, 2007. The Veteran's claim for a temporary total rating was denied as untimely.

The Board found that the Veteran's current degenerative arthritis of the cervical spine did not have its clinical onset in service and is not otherwise related to active duty. The claim was denied as it could not be presumed to have been incurred therein.

The Board finds that the Veteran's osteoarthritis of the left knee, right hip strain, and stress reaction of the left fibula are at least as likely as not aggravated by her in-service injury. As such, service connection is granted for these conditions.

The Veteran's cervical spine disability is rated at 30 percent, but the Board found that this rating does not meet the criteria for a higher evaluation. The issue of increased evaluation remains denied.

The Board has found that the Veteran's claims are inextricably intertwined and must be remanded for further development. The issues include an increased rating for a low back disability, service connection for bilateral hearing loss and tinnitus, SMC due to need for aid and attendance, and TDIU.

The Board has determined that the Veteran's left knee degenerative arthritis and degenerative disc disease of the lumbar spine are not caused or aggravated by service-connected disease or injury, and thus denied his claims for service connection.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's claimed conditions and their relationship to service.

The Veteran's claims for increased ratings were denied. The left shoulder rotator cuff tendonitis and lumbar spine hypertrophic osteoarthritis did not meet the criteria for higher ratings, while the left ear hearing loss was rated at its maximum allowable level of Level I impairment. PTSD met the criteria for a 70 percent rating prior to December 12, 2011, but from that date forward, it did not warrant an increased rating beyond 30 percent. The GERD and hiatal hernia with gallbladder disease were rated at their maximum allowable level of 10 percent.