Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran's TDIU claim is being remanded as it is inextricably intertwined with the issues of increased ratings for lumbosacral strain and residuals of a fracture of the 5th metatarsal shaft of the right foot, and service connection for osteoarthritis of the right foot and flat feet. The RO must address these issues when adjudicating the TDIU claim.

The Board has determined that the Veteran's current left ankle osteoarthritis is not service-connected, as there is no evidence of a chronic disability during or within one year after service. The claim for secondary service connection due to his right ankle condition was also denied.

The Veteran's bilateral knee disability was rated at 20 percent from September 27, 2016. The Board found that the evidence did not support a higher rating for any period.

The Board has determined that there is no evidence to support a finding of a current disability for any claimed foot or sleep disorder, and the Veteran's service-connected PTSD does not cause his currently diagnosed fungal infection. The Board also found insufficient medical evidence to establish a nexus between any current foot condition and active service.

The Veteran's multiple disabilities, including his vision disorders and other health conditions, have resulted in him needing regular aid and attendance from another person since September 8, 2016. His income does not exceed the maximum annual pension rate for nonservice-connected disability pension.

The Board finds that the weight of the competent and probative evidence is against a finding that any right great toe disability or bilateral plantar calcaneal spurs are related to service. The Veteran's in-service treatment records do not show injuries to these areas, and his current disabilities are more likely due to post-service work activities.

The Veteran's left ankle disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted for any time period. The evidence does not show ankylosis of the ankle or nonunion with loose motion requiring a brace.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes in either ear, and thus service connection for bilateral hearing loss is denied. The January 2017 VA examination report could not provide an opinion regarding the etiology of the Veteran's diagnosed bilateral shoulder conditions due to significant limitations in range of motion and guarding during testing.

The Veteran has withdrawn his appeals for the aforementioned issues, and they are hereby dismissed.

The Veteran's appeal for increased ratings for his right knee disability and left epididymis orchitis with left hydrocele was denied. The Board found that the evidence did not support a higher rating for either condition.

The Board has determined that the Veteran's degenerative arthritis of the right hip, left hip, right ankle, and left ankle are at least as likely as not caused or aggravated by his service-connected bilateral knee disability.

The Veteran withdrew his appeals on the issues of entitlement to a disability rating in excess of 20 percent for diabetes mellitus; entitlement to a disability rating in excess of 10 percent for osteoarthritis of the right knee; entitlement to a disability rating in excess of 10 percent for right knee instability; entitlement to a disability rating in excess of 10 percent for osteoarthritis of the lumbar spine prior to December 20, 2016 and in excess of 20 percent thereafter; and entitlement to a compensable rating for erectile dysfunction.

The Board has determined that the Veteran's knee and shin splint disabilities are related to his service, thus granting service connection for these conditions.

The Board found that the Veteran's current left knee and low back disabilities are not related to service, as there were no chronic symptoms during or within one year after service. The evidence does not support a finding of continuity of symptomatology since service.

The Veteran's service-connected conditions render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Board has remanded the case for further development due to inadequate examination and opinion regarding the etiology of the Veteran's cervical spine disability.

The Board has remanded the case due to inadequate VA examination reports, and a new examination is needed for range-of-motion testing on active and passive motion and in weight-bearing and nonweight-bearing positions.

The Board has denied the Veteran's claim for service connection for degenerative arthritis of the cervical spine C5-C6, with right cervical radiculopathy due to lack of evidence linking his current disability to his active duty service.

The Veteran's claims for service connection and increased evaluation are being remanded due to the need for additional development, including obtaining outstanding VA treatment records and scheduling a VA examination.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a bilateral knee disability. The Veteran's lay statements regarding his in-service fall have not been considered, and a VA examination is needed to address the possible nexus between the Veteran's in-service duties and his current bilateral knee disabilities.