Osteoarthritis (degenerative arthritis) decisions — 2015

The Veteran's claims for service connection for a right ankle sprain, increased rating for his right knee disability, and compensable rating for erectile dysfunction were denied. The Board found no evidence of a current diagnosis of a right ankle sprain or residuals thereof. For the right knee disability, the Board granted staged ratings based on limitation of motion.

The Board has granted the Veteran's claims for service connection for low back condition, left hip condition, and right hip condition as secondary to his service-connected bilateral knee conditions.

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities render him unable to obtain and maintain substantially gainful employment consistent with his education and occupational experience.

The Board has determined that the Veteran's currently diagnosed right knee, left knee, right elbow, cervical spine, and lumbar spine disabilities are related to his active military service.

The Veteran's service-connected osteoarthritis of the 1st metatarsophalangeal joints in both feet has been evaluated at 10% each, and the Board finds that a higher rating is not warranted.

The Board found that the Veteran's cervical and lumbar spine disorders are not related to his active service, as there is no evidence of a nexus between his current disabilities and his in-service injury. The VA examiners' opinions were considered more credible than Dr. K.'s opinion.

The Veteran's appeal for a rating in excess of 20 percent for right knee strain, postoperative residuals, with anterior cruciate ligament disruption, with instability and residual scars was granted. The issue of entitlement to separate compensable ratings for arthritis with limitation of motion prior to January 11, 2008 is also addressed.

The Veteran's low back disability is currently rated at 40 percent, effective May 14, 2012. The rating reflects the severity of his symptoms and functional impairment.

The Board denied the Veteran's claims for an increased rating for his right knee disability and for temporary total ratings for hospitalization and convalescence following surgery. The claim for a temporary total rating for hospitalization was denied due to lack of eligibility under VA regulations.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and bilateral knee conditions.

The Veteran's claim for an initial disability rating in excess of 10 percent for degenerative arthritis of the left shoulder is being remanded due to the need for additional medical records and a VA examination.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations and preparing an SOC regarding the issues of increased ratings and effective dates.

The Veteran's service-connected lumbar spine muscle strain with degenerative arthritis was rated at 10 percent prior to July 23, 2009 and granted a 20 percent rating from July 23, 2009 to October 14, 2010. The current effective date remains unchanged.

The Veteran's TDIU and SMC at the (s) rate are granted effective from July 23, 2008 to November 15, 2012, and June 23, 2013 respectively.

The Veteran's right and left knee disabilities have resulted in painful, noncompensable limitation of motion. The Veteran's service-connected fibromyositis of the left trapezius and paravertebral muscle area involving Muscle Group I has been manifested by consistent complaints of fatigue-pain and objective findings of lowered fatigue threshold. For the initial rating period from March 16, 2007 to August 17, 2007, the Veteran had limitation of right shoulder motion more nearly approximating midway between side and shoulder level. The effective date for service connection for right shoulder DJD is set at March 16, 2007.

The Veteran's service-connected left thumb disorder is rated at 10 percent under the applicable Diagnostic Code, and does not meet the criteria for a higher rating based on limitation of motion or other factors.

The Board found that the Veteran's lumbar spine osteoarthritis is not caused or made worse by his service-connected right knee degenerative joint disease. The claim for an increased rating for right knee disability was also denied.

The Veteran's appeal is being remanded to the RO for a Board hearing before a Veterans Law Judge sitting at the Montgomery RO regarding all six issues on appeal.

The Veteran's current right shoulder disability, including osteoarthritis and impingement syndrome, is found to be related to his in-service injury during combat operations.

The Veteran's degenerative arthritis of the left knee was rated at 20 percent from November 13, 2007. The Board found that a higher rating is not warranted for this period.