Osteoarthritis (degenerative arthritis) decisions — 2015

The Veteran's right foot disability is currently rated at 10 percent, but the Board has determined that a higher rating of 20 percent is warranted based on moderately severe symptoms. The Veteran's hepatitis C claim was reopened and service connection was granted.

The Board has determined that the Veteran's current left hip disabilities, including myositis ossificans, malunion, avulsion fracture, and moderate osteoarthritis of the left hip, are aggravated by his military service. As a result, the claims for these conditions have been granted.

The Veteran's right knee disability has worsened, and a new VA examination is needed to determine the current severity of his condition.

The Veteran's appeal was granted, with service connection established for his thoracolumbar spine disorder and respiratory disorder. The initial rating for degenerative arthritis of the cervical spine is 10 percent prior to September 1, 2010 and 20 percent from that date. A separate increased 20 percent (but no higher) rating was assigned for right upper extremity radiculopathy associated with cervical spine degenerative arthritis from June 20, 2006 to February 5, 2015, followed by a separate 40 percent (but no higher) rating thereafter.

The Veteran's appeal is remanded due to the need for additional VA outpatient records and examination reports. The TDIU claim may be effectively re-raised as it was previously denied.

The Veteran's claim for a higher rating for his right knee disability is being remanded due to the need for additional medical examination and records.

The Veteran's claims for service connection, increased ratings, and new and material evidence have been denied. The Board found no current disability manifested by degenerative arthritis separate from other disabilities on appeal.

The Board has decided to remand the case for additional development, including obtaining SSA records, service treatment records, private treatment records, and VA treatment records. The Veteran will also be afforded a new VA examination to determine the nature and etiology of his current back disabilities.

The Veteran's left knee disabilities have been rated as 10 percent for postoperative osteochondral defect and osteoarthritis of the left knee prior to April 21, 2015, and in excess of 20 percent thereafter. The rating for left knee instability has not met the criteria for a compensable rating.

The Veteran's service-connected dysthymic disorder is found to have contributed substantially or materially to his death, and the Board grants service connection for the cause of his death.

The Veteran's appeal includes claims for increased ratings and TDIU based on service-connected disabilities, including intervertebral disc syndrome with degenerative arthritis of the lumbar spine, sensory deficit of the left lower extremity, chondromalacia patella and degenerative joint disease of the left knee, chondromalacia patella and degenerative joint disease of the right knee. The appeal is currently pending due to a scheduling issue for a videoconference hearing.

The Board denied a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, but granted separate ratings for radiculopathy of the right and left lower extremities.

The Veteran's urinary incontinence is currently rated at 20 percent, and his fecal incontinence is rated at 10 percent. The Board found that the current ratings are appropriate based on the severity of symptoms.

The Veteran's right knee arthritis with limitation of flexion and extension is rated at 20 percent, effective from September 15, 2009. The left knee arthritis is rated at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining her Reserve and active duty service treatment records, as well as any private sector medical records. She must also be asked to provide authorization for VA to obtain her VA treatment records.

The Veteran's right great toe surgery resulted in additional disability, specifically osteoarthritis and hallux rigidus. The proximate cause of this additional disability was the carelessness or negligence on VA's part during the surgical procedure.

The Veteran's claim for a rating in excess of 10 percent for his service-connected post-operative residuals of lateral anterior cruciate ligament reconstruction of the left knee, including left knee osteoarthritis, was denied as he failed to report without good cause to scheduled VA examinations.

The Veteran's left knee osteoarthritis has been manifested by complaints of pain and limited flexion, at most to 70 degrees. The service-connected left knee disability includes a meniscal tear with symptoms such as repeated effusion, pain, locking, and swelling.

The Board has determined that the Veteran's current right knee osteoarthritis is not related to his active military service and therefore denied his claim for service connection.