Osteoarthritis (degenerative arthritis) decisions — 2018

The Board has denied the Veteran's claims for service connection for a back disability, finding that there is no evidence of a chronic back condition during service and insufficient medical opinion to establish a nexus between his current back disability and active duty service.

The Veteran's claims for an effective date earlier than June 24, 2010 for the initial grant of service connection for pseudo folliculitis barbae and for an initial compensable rating for right foot tinea pedis have been withdrawn. The claim for a higher rating for right wrist osteoarthritis with distal ulnar styloid fracture was also withdrawn.,The Veteran's claims for service connection for an acquired psychiatric disorder, to include major depression, anxiety, and post-traumatic stress disorder, as secondary to service-connected disabilities were not addressed due to the withdrawal of these issues.

The Veteran's bilateral hearing loss is rated at 20 percent from August 13, 2013. The Board denied his claim for a higher rating and TDIU due to the severity of his service-connected conditions not meeting the criteria for total disability based on individual unemployability.

The Veteran's right and left foot disabilities have been granted staged ratings of 30 percent each, effective June 10, 2014. The appeal is now remanded for consideration of a TDIU rating.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU on a schedular basis and therefore denied his claim.

The Board found that the reduction in the evaluation for chronic lumbosacral strain from 40% to 10% was improper due to lack of improvement in the Veteran's condition.

The Veteran's lumbar spine disability is currently rated at 20 percent prior to March 7, 2016. The Board finds that the evidence does not support a higher rating for this period.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is related to his active military service, and thus grants service connection for this condition.

The Veteran seeks an earlier effective date for the grant of service connection for right knee instability, which is secondary to his pre-existing right knee osteoarthritis. The case must be remanded to determine if VA treatment records from prior to or within a year after August 2003 could have been considered in the context of his increased rating claim and whether they constitute new and material evidence.

The Veteran's claims for increased ratings for his left knee, left femur scar, and left foot osteoarthritis have been denied. The evidence does not support the assignment of higher ratings under the applicable diagnostic codes.

The Veteran's left shoulder disability has been manifested by limited motion, pain, and weakness during the entire appeal period. The Board found that his current rating of 20 percent is appropriate as it most closely approximates his symptoms.

The Veteran's appeal for a compensable rating for hypertension was withdrawn. The Board granted an increased rating of 10 percent for post-traumatic degenerative arthritis, right (dominant) elbow from January 25, 2016 to February 28, 2017 and a rating of 30 percent since then.

The Veteran's hepatitis B and Dupuytren's contracture in both hands have been granted service connection. The Board has found that the Veteran had these conditions prior to his entry into service, but they were not noted at any time during service.,Regarding the right wrist disability, the Veteran was granted a 10 percent rating for osteoarthritis of the right wrist from March 1, 2014 onward. The Board found that this condition is related to his service-connected bilateral foot disability.

The Board finds that the Veteran's left knee disability is not service connected, as there is no evidence of a current disability related to his military service and the medical opinions do not support a finding of secondary service connection.

The Veteran's right foot hallux valgus with osteoarthritis is rated at 10 percent, and his left foot hallux valgus with surgical scar (metatarsal head resection) warrants a separate noncompensable rating for hammer toe of the first digit overlapping great toe. The Veteran does not meet criteria for higher ratings under other diagnostic codes.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of her service-connected right knee disabilities and to determine if any flare-ups have occurred. The case will be readjudicated after this development.

The Board has denied the Veteran's claims for service connection for chronic fatigue syndrome and a low back disability, finding that there is no evidence of such disabilities in service or related to service. The claim for a compensable rating for residuals of bilateral mammoplasties was also denied as the current diagnosis does not meet the criteria for a higher rating under VA regulations.

The Veteran's right knee disability, including degenerative arthritis and instability, is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating for either condition.

The Board has determined that the Veteran's bilateral knee disability does not meet or approximate criteria for a rating in excess of 10 percent under any applicable diagnostic codes. The evidence shows no limitation of flexion to 30 degrees and no limitation of extension to 15 degrees in either knee, even considering pain and other functional loss.

The Board denied an initial rating in excess of 50 percent for adjustment disorder with depressed mood and a rating in excess of 20 percent for degenerative arthritis of the lumbar spine, with bilateral positive straight leg raising.