Osteoarthritis (degenerative arthritis) decisions — 2016

The Board has remanded the case for issuance of an SOC and further development, including review of the issues related to service connection. The claim for the left leg radiculopathy will be deferred until the intertwined issues are resolved or prepared for appellate consideration.

The Veteran's service-connected disabilities meet the schedular requirement for assignment of a TDIU and are reasonably shown to render him unable to secure and follow a substantial gainful occupation.

The Board has determined that the Veteran's thoracolumbar scoliosis, intervertebral disc syndrome of the lumbar spine, and degenerative arthritis changes are related to his preexisting condition during service and have been aggravated by it. As such, the appeal is granted.

The Veteran's lumbar spine disability is rated at 40 percent, and his left ankle disability is rated at 20 percent. The claims for extraschedular ratings and TDIU are addressed in the REMAND portion of this decision.

The Veteran's left knee chondromalacia has been rated at 20 percent since November 1992. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's appeal was denied as his service-connected right ankle disability did not warrant a higher rating during the periods specified.

The Board has reopened the claim of service connection for a back disability and granted it, finding that new and material evidence had been received to support the claim. The Veteran's current back disabilities are related to his military service.

The Veteran's claims for higher ratings for lumbar spondylosis with intervertebral disc syndrome, radiculopathy of the right sciatic nerve, osteoarthritis of the right knee, and right knee instability are being remanded due to outstanding VA treatment records potentially pertinent to these matters.

The Veteran's service-connected disabilities meet the percentage requirements for a schedular TDIU, and the collective evidence suggests that his service-connected disabilities, in concert, preclude substantially gainful employment consistent with his education and occupational experience.

The Veteran's claim for an earlier effective date for service connection of degenerative osteoarthritis of the left knee has been denied as there was no new and material evidence submitted between final rating decisions and his July 31, 2009 claim to reopen.

The Veteran's appeals have been withdrawn by his attorney, effectively dismissing all claims.

The Board has determined that the Veteran's current low back disability and gynecomastia are not related to service, and thus denied both claims.

The Board has determined that the Veteran's left knee and low back disabilities are related to her service-connected bilateral pes planus, and thus granted service connection for these conditions.

The Veteran's left knee instability is currently rated at 20 percent, the maximum rating available under DC 5257. The other issues have not been granted as they are either already covered by the current rating or do not warrant a higher evaluation.

The Board has determined that reducing the Veteran's disability rating for degenerative arthritis of the cervical spine from 30 percent to 10 percent, effective April 1, 2010, was not proper.

The Veteran's appeal is REMANDED to obtain outstanding VA and non-VA records relevant to his claims, including from Kenner Army Medical Clinic and Colonial Orthopaedics. The case will be readjudicated after all the evidence has been considered.

The Veteran's claim for a higher evaluation for osteoarthritis, right acromioclavicular joint with limitation of motion is being remanded due to the need for a videoconference hearing.

The Veteran's claims for high cholesterol, left thumb disorder, left ankle disorder, bilateral foot disorder, and right shoulder impingement syndrome were denied as the evidence did not establish service connection due to lack of a diagnosed disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling an examination to determine if his current diagnoses are related to a sprain he had in service.

The Veteran is seeking service connection for a back disability, to include as secondary to his service-connected right knee and left knee disabilities. The Board has decided that additional development is needed due to the need for an opinion regarding whether the Veteran's current back disability is caused or aggravated by his service-connected right and/or left knee disabilities.