Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran's initial claim for a compensable rating for left shoulder bicipital tendinitis was granted, effective July 4, 2009.,In December 2013, the Board remanded the case to grant an increased rating of 20 percent for his service-connected left shoulder condition.

The Board finds that the Veteran's current low back and right knee disorders are not service-connected as there is no evidence of a chronic condition in service or post-service continuity of symptoms. The Veteran's current diagnoses do not meet the criteria for presumptive service connection due to arthritis.

The Board has determined that the Veteran's right upper extremity disability is not related to his service-connected Hodgkin's disease and does not have a current diagnosis of deep vein thrombosis or subclavian vein occlusion. The preponderance of evidence indicates that the Veteran's cervical spine degenerative arthritis is not caused by or aggravated by his service-connected Hodgkin's disease.

The Veteran's service-connected disabilities (headaches and degenerative arthritis of the right wrist) are found to be so severe that they prevent him from securing or maintaining substantially gainful employment, warranting a TDIU on an extraschedular basis.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of the decision. For his left and right lower extremities, radiculopathy, he was granted initial ratings of 10 percent prior to November 15, 2016, and 40 percent since that date.

The Veteran's service-connected bilateral foot disorder was evaluated at a 30 percent rating from June 24, 2010, to September 30, 2015. The evidence does not support an increase in the disability rating during this period.

The Veteran's service-connected disabilities, including severe osteoarthritis of the right knee and instability of the right knee, preclude him from obtaining gainful employment consistent with his education and occupational experience. The Board grants a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance or housebound status.

The Board found that new evidence did not raise a reasonable possibility of substantiating the claims for hepatitis C, acquired psychiatric disorder, eye condition, hypertension, diabetes mellitus type 2, and degenerative arthritis of the left shoulder. The Veteran's claims were denied as there was no evidence showing these conditions were incurred in or aggravated by service.

The Veteran's appeal is currently in remand status due to the need for additional medical examination and development of his claims.

The Veteran's service-connected left hallux valgus with first MTP joint osteoarthritis and right hallux valgus with degenerative changes have been rated at the maximum allowable evaluation under Diagnostic Code 5280, which is a 10 percent rating. The Board finds no legal basis for an increased evaluation.

The Veteran's service-connected right wrist condition, post-carpal tunnel release surgery, does not meet the criteria for a higher rating as his symptoms do not warrant more than mild incomplete paralysis of the median nerve.

The Veteran's bilateral knee disabilities, including arthropathy, strain and osteoarthritis, are related to service. The Veteran also has a current acquired psychiatric disorder, to include PTSD.,Prior to July 13, 2016, the Veteran had Level IV hearing acuity in both ears, warranting a 10% rating for bilateral hearing loss.

The Veteran's back disability was rated at 20 percent prior to November 10, 2016 and increased to 40 percent thereafter. The Board found that the evidence did not support a higher rating based on ankylosis or incapacitating episodes.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left foot disability and anxiety disorder.

The Veteran's service connection claim for residuals of cold injury to the feet, including osteoarthritis and neuropathy, was granted. The TDIU issue is pending as it has not been perfected with a substantive appeal.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, and scheduling the Veteran for appropriate VA examinations to assess the severity of his service-connected thoracolumbar spine, right lower extremity radiculopathy, and prostatitis/epididymitis disabilities.

The Board has determined that there is no evidence of a current disability related to the Veteran's military service for his left shoulder, sleep apnea, or arthritis other than osteoarthritis of the left shoulder. The claims for right shoulder and bilateral knee disabilities are not addressed as they were not part of the appeal.

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

The Veteran's sporadic seizures are related to active duty service, but there is no evidence linking his current shoulder disabilities to service.