Osteoarthritis (degenerative arthritis) decisions — 2018

The Board has restored the original grant of service connection for degenerative arthritis of the right mid humerus, which represents a complete grant of the benefit sought on appeal. The RO's decision to sever service connection was not proper as it did not constitute clear and unmistakable error.

The Veteran's PTSD is rated at 70 percent, effective December 8, 2011.,The Veteran's radiculopathy of the left lower extremity associated with traumatic arthritis, thoracolumbar spine is rated at 20 percent, effective December 8, 2011.,The Veteran's radiculopathy of the right lower extremity associated with traumatic arthritis, thoracolumbar spine is rated at 10 percent, effective December 8, 2011.,The Veteran's traumatic arthritis of the thoracolumbar spine is rated at 20 percent, effective December 8, 2011.

The Veteran's bilateral knee disabilities, specifically his right and left knee disabilities with post-operative meniscectomy residuals, were found to meet the criteria for a separate 10 percent rating under Diagnostic Code 5260 (limitation of flexion) and a 30 percent rating under Diagnostic Codes 5260 and 5257 (recurrent subluxation or lateral instability).

The Veteran was found to be in need of regular aid and attendance due to service-connected disabilities, including bilateral knee pain and arthritis. His combined service-connected rating was 90 percent, effective October 31, 2011.

The Veteran's left ear hearing loss, meniscal tears and osteoarthritis of the left knee, and meniscal tears and osteoarthritis of the right knee are all found to be related to service.

The Board found no evidence of a back injury or condition during service, and the Veteran's current low back disability is not related to his active duty.,There was no documented neck injury or condition in service. The VA examiner concluded that the Veteran's current neck condition is less likely than not caused by military service.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum schedular rating available. The Board denied a higher rating as there was no evidence of ankylosis or incapacitating episodes that would warrant a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's combined ratings do not meet the percentage requirements for TDIU, and his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's bilateral pes planus with degenerative arthritis of the first MTP joints, metatarsalgia and callosities have been rated at 30 percent since February 1979. The appeal is denied as his condition does not warrant a higher rating.

The Board has denied the Veteran's claims for service connection for various conditions, including left knee synovitis, blood disorder, loss of hair, bone condition, dental condition, and degenerative arthritis. The evidence does not support a finding that these conditions are related to service or within one year of separation.

The Veteran's appeal is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's right shoulder disability, including degenerative arthritis and recurrent dislocation, is currently rated at 20 percent. The Board has granted a separate rating of 20 percent for recurrent dislocation.

The Board has determined that the Veteran's bilateral hip osteoarthritis, status post total hip replacements, is attributable to service and grants service connection for this condition.

The Veteran's service-connected disabilities, including osteoarthritis of the lumbar spine and generalized anxiety disorder, rendered him unable to secure or follow substantially gainful employment prior to July 28, 2015. The Board finds that he is entitled to a TDIU on an extraschedular basis.

The Veteran's appeal is remanded for additional development, including obtaining an opinion regarding the etiology of his lumbar spine disability and whether it is related to service.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance and/or housebound status is denied as the evidence does not show that he is permanently or substantially confined to his home due to service-connected disabilities, nor is he unable to perform self-care activities without assistance.

The Veteran withdrew his appeal for all issues related to increased ratings for various knee, ankle, elbow, and elbow impairment conditions prior to the issuance of a decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a VA examination to assess the severity of his service-connected lumbosacral strain with osteoarthritis.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and degenerative arthritis of the lumbar spine. His combined disability rating meets the criteria for a TDIU as of March 22, 2017.

The Board found no evidence of a nexus between the Veteran's service and his current low back disability, thus denying his claim for service connection.