Osteoarthritis (degenerative arthritis) decisions — 2016

The Veteran's back disability was rated at 10 percent prior to April 23, 2015, and increased to 20 percent thereafter. The current rating of 20 percent is appropriate as it reflects moderate limitation of motion.

The Veteran's bipolar disorder is found to be related to service-connected arthritis. The Board also finds that the Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, granting his TDIU claim.

The Veteran's appeal is remanded due to the need for additional VA examination and consideration of new evidence. The case will be returned to the Board for further review.

The Veteran's claims for increased ratings for his knee and foot disabilities were denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for an orthopedic examination to assess the severity of the Veteran's neck, right and left ankle, and left elbow disabilities.

The Veteran's complaints of joint and muscle pain have been diagnosed as arthritis of the right shoulder, right knee, and left foot. These conditions did not manifest in service or within one year of discharge from service, and has not been related by competent evidence to his active duty service.

The Veteran is granted a TDIU as of August 11, 2015 due to his service-connected disabilities. The case is also remanded for consideration of an extraschedular TDIU prior to August 11, 2015 and issuance of a SOC regarding the issue of entitlement to a TTE based on a service-connected disability requiring a period of convalescence following February 2016 surgery.

The Board denied the Veteran's claims for earlier effective dates and service connection, finding that the earliest possible effective dates were September 12, 2011 (PTSD), December 12, 2008 (headaches), and October 13, 2009 (left trapezius muscle strain).

The Veteran's claim for a higher initial evaluation for his service-connected low back disability was granted, with the effective date being February 23, 2016.

The Veteran's service-connected low back strain with osteoarthritis is currently rated at 10 percent prior to October 1, 2010. The evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected left and right knee disabilities have not met the criteria for a higher rating under applicable diagnostic codes, as they do not demonstrate compensable limitation of motion or occasional incapacitating exacerbations.

The Veteran's left shoulder disability, including degenerative arthritis and residual scars from surgery, was evaluated at a 10% rating since June 11, 2012. The reduction to noncompensable was upheld.

The Veteran's service-connected disabilities combine to render him unable to secure or follow substantially gainful employment, and his TDIU claim is granted from January 12, 2010.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's employability due to his service-connected disabilities. The claim will be readjudicated based on this additional evidence.

The Board found no CUE in the June 1970 rating decision that granted service connection for a wound, right leg with residuals of thrombophlebitis. The Veteran's claim for service connection for osteoarthritis of the right knee was not addressed because it was reasonable to conclude based on the evidence at the time that he did not have a current right knee disability related to his punji stick injury.

The Veteran's case is being remanded for additional development, including a new VA examination for his left knee condition and issuance of a statement of the case regarding the issue of clear and unmistakable error in the July 2012 rating decision.

The Board has determined that the Veteran's hypertension is not related to his military service, including as secondary to his service-connected low back strain and osteoarthritis of the bilateral knee. The claim for service connection for hypertension was denied.

The Board has found that the Veteran's current osteoarthritis and gout of both hands are less likely than not related to his military service, as they are more consistent with extensive manual work he did after service.

The Board has determined that the Veteran's bilateral shoulder, headache, and acquired psychiatric conditions are not related to his military service.,The loss of sense of smell is also not considered service-connected.

The Veteran's right ankle disability, characterized by pain and limited motion, has been rated at 20 percent since June 26, 2010.