Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran's appeal is being remanded to schedule a videoconference hearing before a Veterans Law Judge. The claims for service connection, rating increases, and TDIU are still pending.

The Veteran's partial left knee replacement with degenerative arthritis has not manifested chronic residuals consisting of severe painful motion or weakness, and therefore does not meet the criteria for a disability rating in excess of 30 percent.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing new VA examinations to assess the current severity of his service-connected right shoulder arthritis, cervical spine DDD with spasms, and lumbosacral spine DDD.

The Veteran's claims for increased ratings for bilateral pes planus and associated conditions were denied. The Board found that the evidence did not show more than moderate or severe pes planus, which do not warrant higher ratings.

The Veteran's lumbar spine disability is currently rated at 40 percent disabling, effective March 22, 2010. The Board finds that the evidence does not support a higher rating for any period of time.

The Veteran is unable to secure and maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU on an extraschedular basis has been met.

The Veteran's right hip disability, following a total hip replacement in May 2007, has resulted in symptoms such as painful motion and weakness requiring the use of a wheelchair. The Board finds that this meets the criteria for a 90 percent rating under Diagnostic Code 5054.

The Veteran's appeal is being remanded to obtain additional medical evidence and review his TDIU claim.

The Board has decided to remand the case due to inconsistencies in the November 2016 VA examination and a need for further evidence, including an updated treatment record and a new VA examination of the Veteran's right knee disability.

The Veteran's degenerative arthritis of the lumbosacral spine has not been shown to warrant a rating higher than 10 percent prior to April 21, 2010.

The Veteran's lumbar spine disability, which included degenerative arthritis and bilateral L4 sciatic nerve involvement, was rated at 20 percent prior to May 11, 2011.

The Veteran's claims for service connection for GERD, hypertension, gynecomastia, bilateral degenerative arthritis of the knees, tinnitus, peripheral vascular disease (claimed as a bilateral leg condition), degenerative osteoarthritis at L3-4 (claimed as low back pain), left carotid occlusion, and bilateral hand injury have all been denied. The Board found no evidence linking these conditions to service.,The Veteran's service treatment records do not show any complaints or treatment for the claimed conditions. His post-service medical records indicate diagnoses of GERD in 2000, hypertension in 2005, and bilateral degenerative arthritis of the knees beginning in 2004. The Board found no causal relationship between these conditions and service.

The Veteran's claim for an increased rating for his service-connected lumbar spine osteoarthritis is being remanded due to the need for a VA examination.

The Veteran's right knee disability has been rated as 30 percent for recurrent subluxation or lateral instability, and a separate noncompensable rating for limitation of extension. The right knee scar is rated as 20 percent.

The Board denied the Veteran's claim for an effective date prior to January 11, 2008 for TDIU on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities rendered him unemployable solely at that time.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to February 10, 2012 and 20 percent as of that date.

The Board finds that the Veteran's current lumbar spine and cervical spine disabilities are not related to his military service, as there is no evidence of a chronic back condition in the service medical records observed over many years. The preponderance of the evidence does not support the claim for service connection.

The Board finds that the Veteran's current low back disability, including degenerative arthritis and lumbar strain, is not related to his active military service. The claim for service connection is denied.

The Veteran's appeal is being remanded due to the need for additional VA examinations and compliance with Board's remand directives. The AOJ will schedule appropriate foreign resident examinations, obtain all available records, and review and readjudicate the claims on appeal.

The Board found that the Veteran's current bilateral knee disorders are not related to his active service and denied his claims for service connection.