Osteoarthritis (degenerative arthritis) decisions — 2017

The Board has reopened the Veteran's claims for service connection for degenerative arthritis of the left and right knees. After considering all evidence, including VA examinations and treatment records, the Board finds that there is at least equipoise on the issue of whether these conditions are related to military service.

The Veteran's lumbar intervertebral disc syndrome and osteoarthritis with right lower extremity radiculopathy were rated at 60 percent since October 8, 2011.

The Veteran's left knee disability is rated at 30 percent, effective November 26, 2013. The claim for service connection for sleep apnea was denied as there is no evidence of a nexus to military service or herbicide exposure. Service connection for ischemic heart disease was also denied due to lack of evidence linking the condition to service.

The Board found that there is no evidence to support service connection for degenerative arthritis of the knees or neck, as these conditions were not shown to be related to military service.

The Veteran's left knee osteoarthritis was manifested by no greater than complaints of stiffness and occasional swelling; objective findings of pain; effusion; dislocated cartilage; flexion to 95 degrees and extension to 95 degrees, not additionally limited following repetitive use. The criteria for a disability rating in excess of 20 percent for left knee arthritis were not met.

The Veteran's TDIU claim is being remanded due to the need for further development, including consideration of new evidence and a VA examination. The appeal will be returned to the Board after this additional review.

The Veteran's left knee conditions have been rated based on their direct service connection, with a current rating of 10 percent for limitation of flexion associated with DJD and limitations in extension. The issues related to instability are addressed under the appropriate diagnostic code.

The Veteran's service-connected PTSD and degenerative arthritis of the left knee did not render him unemployable prior to September 1, 2015. The Board denied his claim for a TDIU during this period.

The Board has determined that the claims for bilateral hearing loss, tinnitus, osteoarthritis of the right knee, and osteoarthritis of the left knee are not ripe for appellate disposition. The Veteran's claim for service connection for right spermatocele is also remanded due to a lack of an SOC.

The Board found that the Veteran's degenerative arthritis of the lumbosacral spine did not result from service and is not attributable to service.

The Veteran's prostate cancer residuals are rated at 20 percent since June 1, 2012. The Board finds that the evidence does not support a higher rating.

The Veteran's right and left knee disabilities, as well as his sleep apnea, were not incurred in or aggravated by service. The Veteran's cervical spine disability was granted based on new evidence submitted since the last rating decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and reviewing the claims file.

The Veteran's left foot disability is currently evaluated at the maximum schedular rating of 30 percent under Code 5284, and a higher rating is not warranted as there is no evidence of actual loss of use of the foot.

The Board has determined that the Veteran's bilateral knee joint osteoarthritis did not have its onset during service and is not otherwise related to his active duty service.

The Veteran's left foot disability, manifested by a first metatarsal fracture and osteoarthritis, is rated at 10 percent. The Board found that the current rating adequately reflects the severity of his condition.

The Veteran's lumbar spine and right shoulder disabilities were not found to be related to his military service. The left shoulder surgery was performed due to a fall, but the Veteran does not meet criteria for a temporary total rating based on convalescence or an increased rating.

The Board found that the Veteran's current back disorder is not related to service and denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination.

The Veteran's claim for an automobile or other conveyance and adaptive equipment, or for adaptive equipment only, is denied as he does not meet the criteria for 'permanent loss of use of one or both feet' within the context of 38 C.F.R. § 3.808.