Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran withdrew his appeal for increased initial evaluations for degenerative arthritis in the left and right knees prior to a decision by the Board.

The Board found that the Veteran's current right shoulder disability is not causally or etiologically related to his in-service injury, and thus denied his claim for service connection.

The Veteran's lumbar spine disability was rated at 20 percent effective October 1, 2015. He also received separate ratings for radiculopathy of the right leg sciatic nerve (10%), residual of motor and sensory deficits of the left leg sciatic nerve (10%), radiculopathy of the right leg femoral nerve (10%), and radiculopathy of the left leg femoral nerve (10%).

The Veteran's left knee disability was rated at 10% prior to February 20, 2008. The Board has now granted a higher rating of 20% for the period before February 20, 2008.

The Board has granted a 20 percent rating for the Veteran's scars of her right knee, resolving all reasonable doubt in her favor. The remaining issues regarding her lumbar spine and right knee conditions are remanded for further examination.

The Board has reopened the claim for service connection for a lumbar spine disability and granted service connection based on continuity of symptoms since service.,Service connection was also granted for a headache disorder, with the onset during active service.

The Veteran's service-connected disabilities, including major depressive disorder with anxious distress and chronic sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected cervical spine and left upper extremity disabilities.

The Veteran's left knee disability, resulting from a motorcycle accident in service and eventually requiring total knee replacement surgery, is found to be related to his active duty service. The Board grants service connection for this condition.

The Board has determined that service connection for tinnitus is warranted, and the Veteran's lumbar spine disability is granted an initial evaluation in excess of 10 percent.

The Veteran withdrew his appeal for service connection for osteoarthritis of the right and left thumbs prior to a decision being made.

The Board denied the Veteran's claims of service connection for right and left knee osteoarthritis, left leg pain, and right shin/leg pain. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's service-connected disabilities are of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU rating.

The Veteran has withdrawn his appeals on all issues related to service connection, including diabetes mellitus, skin disorder, osteoarthritis, lumbar spine disorder, cervical spine disorder, and neuropathy.

The Board finds that the Veteran's low back disabilities, including congenital lumbar scoliosis, degenerative arthritis of the spine, and lumbar spondylosis, are not related to active service. The evidence does not support a finding of in-service incurrence or aggravation.

The Veteran's left knee posttraumatic osteoarthritis has been rated at 20 percent for moderate instability, as per Diagnostic Code 5257. The rating is based on the Veteran's reports of instability and use of assistive devices.

The Board has remanded the Veteran's claims for additional development, including obtaining SSA disability records and ensuring compliance with prior remand directives. The TDIU claim is inextricably intertwined with the other issues.

The Veteran's service-connected disabilities, including his bilateral knee conditions and left leg neuropathy, have rendered him unable to secure or maintain substantially gainful employment since April 1, 2009. Effective April 12, 2017, the Veteran's total disability rating was increased to 80 percent.

The Board has determined that the Veteran does not have a current disability manifesting in upset stomach and/or chest pain, or any other condition related to service connection. The appeal is denied.

The Veteran is currently assigned a 20 percent rating for his lumbar spine disability and a 20 percent rating for his left lower extremity radiculopathy, effective May 31, 2017.,From March 23, 2012, to prior to May 31, 2017, the Veteran is entitled to a 20 percent rating for his lumbar spine disability and a 10 percent rating for his left lower extremity radiculopathy. After May 31, 2017, both conditions are rated at 20 percent.