Osteoarthritis (degenerative arthritis) decisions — 2017

The Veteran's mood disorder is currently rated at 70 percent, effective from August 23, 2016. He also has other service-connected disabilities that meet the schedular criteria for a TDIU and he meets the statutory requirements for SMC based on housebound status.

The Board has determined that the Veteran's left elbow disability is not a residual of his service-connected bullet wound to the left upper arm and was not caused or aggravated by the service-connected residuals. Therefore, he is not entitled to a separate compensable rating for limitation of motion of the left elbow.

The Board has found that the Veteran's service-connected pes planus caused his current arthritis in his ankles, knees, right hip, and low back. The neck disability is not considered secondary to the service-connected pes planus.

The case is being remanded for additional evidentiary development, including obtaining new VA examinations and completing the necessary review of the Veteran's claims file.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left knee disability and address his complaints of buckling. The case will be reviewed again after this development.

The Board found that the Veteran's bilateral foot disabilities, including pes planus and other conditions such as metatarsalgia, hallux valgus, ingrown toenails, tinea pedis, tibial sesamoiditis, posterior tibial tendon dysfunction (PTTD), and osteoarthritis, were not incurred or aggravated by service. The Veteran's preexisting pes planus was found to have been permanently aggravated by his active duty service.

The Board has determined that the Veteran's osteoarthritis of the acetabulum and hip joints is service-connected, as it began during her active duty.

The Veteran's claim for an increased rating in excess of 10 percent for degenerative arthritis of the lumbar spine on an extraschedular basis was denied by the Director. The Board agreed with this decision, finding that the symptomatology associated with the Veteran's lumbar spine disability had been contemplated by the regular rating schedule.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS and bilateral lower extremity radiculopathy are adequately contemplated by the current 40 percent schedular rating, thus an extraschedular rating is not warranted.

The Veteran's service-connected right knee osteoarthritis was not found to warrant a rating in excess of the currently assigned ratings for flexion and extension prior to April 7, 2010.

The Veteran's claims for increased ratings and TDIU eligibility were granted, with the effective date being the date of the decision.

The Veteran's claim for a rating in excess of 20 percent for residuals of a shell fragment wound of the right arm with brachial plexus and residual right median neuropathy is denied. The Board finds that his disability does not meet or approximate the criteria for a higher rating.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further information and compliance with duties to notify and assist. A VA examination will be conducted to assess the Veteran's functional impairment due to service-connected disabilities.

The Veteran's hypertension, migraines, and other service-connected disabilities do not meet the criteria for a compensable rating or extraschedular evaluation. The Board denied his claim of entitlement to TDIU prior to September 10, 2010.

The Board found that the Veteran's right knee disability did not manifest in service or within one year of discharge, and is not caused or aggravated by any aspect of service or by a service-connected disability.

The Veteran's PTSD has been found to warrant a 70 percent disability rating, effective from November 13, 2009. The Board also granted service connection for the low back disability with left lower extremity radiculopathy and denied service connection for degenerative arthritis of the left knee. The Veteran was also awarded TDIU benefits.

The Veteran's low back disability is currently rated at 40 percent, and there are no findings of incapacitating episodes or unfavorable ankylosis. The claims for bilateral upper extremity neuropathy and service connection for diabetes mellitus have not been met.

The Board found that the Veteran's left knee degenerative arthritis was not incurred during her active duty or Reserve service, and thus denied her claim for service connection.

The Veteran's claims for service connection and increased evaluations have been granted. He is now entitled to a 10 percent evaluation for his left knee degenerative arthritis, effective from April 1, 2006.

The Veteran's claims for increased ratings for his degenerative arthritis of the left ankle, lumbosacral spine, and left foot drop have been denied. The claim for a compensable evaluation for the left fifth hammertoe remains pending.