Osteoarthritis (degenerative arthritis) decisions — 2018

The Board has granted a 10 percent rating for the Veteran's right fourth finger arthritis. The claim for service connection of his left knee condition is also granted.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his educational and occupational background. Therefore, the claim for TDIU is denied.

The Board has remanded the case due to inadequate examination in determining whether the Veteran's right knee osteoarthritis is related to his service-connected right foot disability, and for further development of the claim.

The Board found that the reduction of the Veteran's rating for loss of right knee flexion from 20% to 10%, effective August 4, 2010 was not proper due to lack of improvement in his condition.

The Veteran's PTSD claim has been withdrawn.,Prior to January 15, 2015, the low back disability warranted a rating of 10 percent. From January 15, 2015 to December 16, 2015, it warranted a rating of 20 percent. Since then, it has not met the criteria for a higher rating.,Since January 15, 2015, the right lower extremity lumbar radiculopathy has been rated at 20 percent.,Bilateral hearing loss does not meet the criteria for a compensable rating.,Hypertension has not met the criteria for a higher rating.,Residual scars from basal cell epithelioma have warranted a 30 percent rating since March 6, 2013.,The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's cervical spondylosis and degenerative arthritis of the lumbosacral spine are rated at 20 percent each, meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The TDIU issue is remanded to the AOJ.

The Board finds that the Veteran's current degenerative arthritis of the thoracolumbar spine is related to his in-service back injury, and grants service connection for this condition.

The Board found that the Veteran's left knee disability was not incurred in or aggravated during service and is not due to or aggravated by a service connected right knee disability. The claim for increased rating of his right knee disability is remanded as it lacks adequate VA examination.

The Board has determined that the Veteran's left shoulder disability is not attributable to service or his service-connected right shoulder disability, and therefore denied his claim for service connection.

The Veteran's right ankle disability, which is rated under the criteria for limited motion of the ankle (Diagnostic Code 5271), warrants a rating of 20 percent from September 10, 2010 to May 10, 2012 and from July 1, 2012 to the present. This is based on marked limitation of motion without ankylosis.

The Board has determined that the appellant's current left ankle osteoarthritis is not related to his period of ACDUTRA, and therefore denied service connection for a left ankle disorder.

The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's back condition is not service-connected as it did not manifest during or within one year after his military service and there is no evidence linking the current disability to service.,Bilateral hearing loss was not shown to have occurred in service, did not manifest for several years thereafter, and is not related to service.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for right and left carpal tunnel syndrome with ulnar neuropathy resulting from VA treatment, but granted his claim for Total Disability Rating Based on Individual Unemployability prior to October 31, 2014.

The Board has determined that the Veteran's current degenerative arthritis of the thoracolumbar spine is incurred in service, and his bilateral hearing loss disability does not meet the criteria for a compensable degree within one year post-service. The decision grants service connection for the back disability but denies service connection for the hearing loss.

The Veteran's claims for increased ratings for his spine disability, sciatic nerve radiculopathy, and hallux valgus have been denied as the evidence does not support a higher rating under the applicable criteria.

From March 24, 2009, to January 12, 2017, the Veteran's service-connected disabilities alone were not of sufficient severity to produce unemployability.,From January 13, 2017, the Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board has determined that the Veteran's appeal for service connection for gonorrhea is withdrawn. The claims of service connection for a left leg condition and an initial rating in excess of 10 percent for his service-connected left knee disability are denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected cervical spine disability. The TDIU claim will also be reconsidered.