Osteoarthritis (degenerative arthritis) decisions — 2017

The Board has determined that the Veteran's bilateral shoulder, hip, and knee disabilities are not related to his military service. The acquired psychiatric disorder is also not related to his military service.,As a result, the Veteran does not meet the criteria for TDIU as he does not have any service-connected disabilities upon which to base this claim.

The Veteran's claims for higher evaluations for his lower back arthritis and a total disability rating due to individual unemployability have been denied. The Board found that the evidence did not support an evaluation in excess of 20 percent before March 6, 2007 or in excess of 40 percent beginning March 6, 2007 for his lower back arthritis. He was also found to not meet the criteria for a TDIU prior to December 19, 2012.

The Board has remanded the case for further development due to a request for a new hearing and other procedural issues.

The Board has denied the Veteran's claim of service connection for a left shoulder disability, finding that it is not caused or aggravated by his service-connected bilateral knee disability.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of obstructive sleep apnea. The right hip disability is found to be related to in-service injuries, while the bilateral knee disability is found to be related to in-service activities. Service connection is granted on a direct basis.

The Board denied the Veteran's claims for service connection of a right knee disability and temporary total rating based on need for convalescence following surgery, finding that his current right knee disabilities were not incurred in or aggravated by service.

The Veteran's claim for service connection for a left knee disability, including as secondary to his service-connected diverticulitis, is being remanded due to the need for additional medical opinions and development of records.

The Veteran is seeking service connection for left hip osteoarthritis, which he claims was caused or aggravated by his prostate cancer treatment. The Board has remanded the case to obtain a new VA medical opinion regarding the etiology of the left hip osteoarthritis.

The VA examiner found no additional disability resulting from the November 2008 examination, and concluded that the Veteran's back condition was already present prior to the examination.

The Veteran's claim for an increased rating for his right knee osteoarthritis has been granted, with a 20 percent evaluation effective February 4, 2015.

The Veteran's lumbar spine disorder and left-side radiculopathy are found to be related to his service-connected right ankle fracture. His initial rating for the right ankle is increased from 10% to 20%, effective July 30, 2013.

The Board has determined that the Veteran's current right shoulder disabilities are not related to his service and have denied his claim for service connection.

The Board has determined that the Veteran's right foot osteoarthritis is service-connected, but his peripheral neuropathy of the bilateral lower extremities is not.

The Veteran's left knee instability and degenerative arthritis have been rated at the maximum available rating of 30 percent since July 24, 2009.

The Board finds that the Veteran's degenerative arthritis of the right knee is at least as likely as not due to his service-connected left knee disabilities, and grants service connection for this condition.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge (VLJ). The issues on appeal are related to increased disability ratings and initial compensable rating for left knee conditions.

The Veteran's claims for increased ratings and extra-schedular considerations have been denied. The Board found that the evidence did not support a higher rating or extra-schedular consideration for any of his service-connected conditions.

The Veteran's low back disability was rated at 20 percent prior to January 26, 2009. The appeal is denied as the evidence does not meet the criteria for a higher rating.

The Veteran's left ankle disability was rated at 10 percent prior to December 1, 2010 and at 30 percent as of December 1, 2010. The Board found the evidence in equipoise regarding whether the Veteran had moderate or marked limited motion of the left ankle prior to December 1, 2010, resulting in a grant of a 20 percent rating for that period. As of December 1, 2010, the evidence supported ankylosis in plantar flexion less than 30 degrees, warranting a 30 percent rating.