Osteoarthritis (degenerative arthritis) decisions — 2016

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10 percent, and the evidence does not support a higher rating under the applicable criteria.

The Veteran's claim for an initial increased rating for degenerative arthritis of the lumbar spine was denied, as her disability did not meet or approximate the criteria for a higher evaluation. The claim for service connection for bilateral knee disability was also denied.

The Board found that the Veteran's left knee disorder is not related to his military service and denied his claim for service connection.

The Board finds that the Veteran is entitled to an extension of the temporary total rating beyond November 30, 2010 for right knee surgery or other treatment necessitating convalescence until December 31, 2010.

The Veteran has been granted service connection for degenerative arthritis and IVDS of the lumbar spine.,Service connection was denied for residuals of a neck injury, as well as residuals of bilateral shoulder injuries.

The Veteran's right knee condition is rated at 10 percent disabling due to limitation of flexion. A separate 10 percent rating for instability of the right knee has also been granted. Service connection for a left knee condition as secondary to service-connected right knee arthritis has been established.

The Veteran's spouse was granted increased dependency and indemnity compensation based on the need for regular aid and attendance of another person from January 18, 2010 to October 18, 2010. After this period, she was not found to be in need of such benefits.

The Board has determined that the Veteran's left hip disability, including degenerative arthritis, was not incurred in or aggravated by active military service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and the preponderance of evidence is against his claim for TDIU.

The Veteran's claim for service connection for degenerative arthritis of the left knee, secondary to his service-connected right patella chondromalacia, was reopened and granted. His current rating for chondromalacia of the right patella is increased to 10 percent.

The Veteran's claim for an increased rating for bilateral pes planus was denied, as the evidence did not meet the criteria for a higher rating. The claims for service connection for scars of the elbows and knees and recurrent neck pain were also denied.

The Board found that the Veteran's cervical spine condition did not manifest during service and is not otherwise related to his active duty. The right upper extremity radiculopathy was also not shown to be directly related to a service-connected disability.

The Veteran's appeal is being remanded for a new VA examination to determine the current nature and severity of his service-connected left knee disability, including whether it is manifested by lateral instability. The issues on appeal are related to separate compensable ratings for left and right knee instability.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or by reason of being housebound.

The Veteran's service-connected disabilities, including bilateral knee and foot conditions and lumbar spine disability, have rendered him unable to secure or follow substantially gainful employment as of June 24, 2011.

The Veteran's appeal for increased ratings for left shoulder and spine conditions has been withdrawn. The Board has granted service connection for major depressive disorder and PTSD, finding that the current psychiatric disorders are causally related to service.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 40 percent, and the Board finds that an extraschedular rating is not warranted.

The Veteran's service-connected lung disability is rated at 60 percent, and the Board has granted a TDIU based on his other disabilities. The issue of an increased rating remains pending.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current assigned ratings.

The Veteran's appeal is being remanded for further action, including scheduling a hearing. The claims of increased evaluations and effective date are pending.