Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran has withdrawn his appeals regarding the increased ratings for lumbar spine degenerative disc disease, right AC joint degenerative arthritis, right knee laxity, right knee degenerative arthritis, and pes planus.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to evaluate the severity of his service-connected right shoulder, left knee, and cervical spine disorders.

The Veteran meets the schedular criteria for TDIU, as well as the competent and credible evidence of record being at least in equipoise as to whether his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Board finds that the Veteran's bilateral knee disorders did not have their onset during active duty service or within one year of discharge, and there is no evidence linking these conditions to his military service. The VA examiners provided opinions against the claims based on the lack of in-service trauma or injury leading to arthritis.

The Veteran's TDIU claim is being remanded for referral to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for a comprehensive VA examination to determine the current severity of his service-connected conditions.

The Veteran's left leg disability was rated at 30% since March 25, 2016. The right hand disability has been rated at 10% since March 25, 2016.

The Board has decided to remand the case for further development due to a need for additional medical examination and records.

The Board denied the Veteran's claims of service connection for lumbar strain and osteoarthritis of the lower back, right ankle disability, and bilateral hearing loss. The examiner found no evidence linking these conditions to service.

The Veteran's claim for increased ratings for his lumbar spine DDD/degenerative arthritis was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for an increased rating for hallux valgus with degenerative arthritis is being remanded due to the need for a new examination.

The Veteran is granted a disability rating of 20 percent for osteoarthritis of the right great toe from September 1, 2010. A higher rating is denied.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has determined that the Veteran's current right ankle disorder, diagnosed as osteoarthritis, began in service and is therefore granted service connection.

The Veteran was not found to be permanently and totally disabled due to nonservice-connected disabilities from August 22, 2007, to September 29, 2016.

The Board has determined that the Veteran's diagnosed neck condition did not have its onset during active service, did not manifest within one year of separation from active service, and was not caused by active service. Therefore, the claim for service connection for a neck disability is denied.

The Board has granted service connection for PTSD and assigned a disability rating of 40 percent for the Veteran's back disorder, effective from February 6, 2016.

The Veteran's service-connected PTSD, chronic right arm rotator cuff disability, degenerative joint disease of the right elbow, and right hand carpal tunnel syndrome contributed substantially in bringing about his death. Service connection for the cause of death is granted.

The Veteran's claim for a minimum compensable rating due to pain for degenerative arthritis of the left knee is granted for the period from August 20, 2008 to March 4, 2013. The Veteran's claim for an effective date prior to June 29, 2015 for PTSD is denied.

The Board has remanded this case due to the need for further development and adjudication on other pending issues, including the issue of attorney fees. The appeal is currently in a state where it cannot be decided without addressing these other matters.