Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's initial claim for a higher disability rating for his lumbosacral strain was denied prior to June 7, 2018. For the period following June 7, 2018, he is granted a disability rating of 40 percent.

The Board has denied the Veteran's claims of service connection for right knee and left ankle disabilities due to lack of evidence showing a direct or secondary relationship to service. The Veteran's current conditions have been attributed to post-service injuries, including a motorcycle accident in 1992 and a slip on stairs injury in 2007.

The Veteran's claims for compensation under 38 U.S.C. § 1151 were denied as the evidence does not show that his additional disability was due to VA carelessness, negligence, lack of proper skill, error in judgment or other instance of fault.

The Board has granted service connection for bilateral ankle, left knee, and low back disabilities as secondary to the Veteran's service-connected bilateral pes planus.

The Veteran's right knee disability, including post-surgery meniscectomy and osteoarthritis, is currently rated at 10 percent. The Board found that the evidence does not support a higher rating as there was no limitation of motion sufficient to warrant an increased rating under any applicable diagnostic codes.

The Veteran's DMII does not require regulation of activities, and his lumbar spine disability is currently rated at 20 percent prior to May 8, 2019, and 20 percent thereafter. The Veteran’s right shoulder, cervical spine, right knee, and right foot disabilities are all rated at the maximum allowable under their respective diagnostic codes.,The Veteran's fecal leakage and chronic nerve problems were not found to be service-connected.

The Veteran's GERD, left shoulder disability, insomnia, hyperlipidemia or hypercholesterolemia, flat feet (pes planus), and tinnitus are not service-connected.,The Veteran's degenerative arthritis of the right knee is not service-connected.

The Veteran's left knee disability, including instability and arthritis, is rated at 20 percent from August 25, 2014 to June 8, 2016. The Veteran's right hip tenosynovitis and right knee osteoarthritis are each rated at 10 percent. Service connection for left ankle disability, SMC based on aid and attendance/housebound status is remanded.

The Board has remanded the case for additional development, including referral to the Director of Compensation Service for extraschedular consideration of TDIU for the period prior to March 14, 2013. The Veteran's attorney requested an extraschedular TDIU on behalf of the Veteran.

The Veteran's left knee chondromalacia with secondary synovitis and effusions, and occasional flare-ups and limitation of motion with degenerative arthritis is rated at 10 percent. The Veteran’s right knee lateral instability is granted a 30 percent rating.

The Veteran's acquired psychiatric disorder other than PTSD, lower back disability, cervical spine disability, and arthritis have been granted service connection. The Veteran's erectile dysfunction secondary to his service-connected acquired psychiatric disorder has also been granted service connection. However, the Veteran's yeast infection secondary to CPAP therapy for sleep apnea remains pending.

The Veteran's left knee disability, including instability and osteoarthritis, is currently rated at 20% since December 17, 2007. The Board has granted a separate rating for numbness associated with the left knee.

The Board denied the Veteran's claim for service connection for bilateral color blindness, finding that there was no evidence to support a link between his current condition and military service.,For the period on appeal, the Veteran's right ankle disability was rated at 10 percent. The Board found that it did not warrant an increased rating as his symptoms were within the scope of the existing 10 percent rating.

The Veteran's appeal for TDIU is dismissed because he has a total schedular rating for his service-connected disabilities. The appeal for SMC under the housebound or aid and attendance criteria is also dismissed as there are no conditions that meet the requirements for these benefits.

The Veteran requested to withdraw appeals for increased disability ratings for arteriosclerotic heart disease, left shoulder subacromial subdeltoid bursitis with glenohumeral joint osteoarthritis and degenerative arthritis, and right elbow epicondylitis.,The Veteran also requested to withdraw the appeal for service connection for hypertension. The claim is reopened due to new evidence received since the final September 2010 rating decision.

The Board has remanded the cases for further development due to missing service treatment records and inadequate VA examination opinions. The Veteran's claims of bilateral knee condition, low back condition, and diaphragm injury are being reviewed again.

The Board has remanded the case due to insufficient rationale in the VA examiner's opinion regarding the relationship between the Veteran's back condition and his service-connected lateral femoral cutaneous neuropathy, right thigh. The Veteran's lay statements and a private medical opinion are also considered.

The Veteran withdrew his appeals regarding the increased rating for lumbar spine disability and service connection claims for left shoulder, vision problems, sinusitis, muscle spasms, migraine headaches, and ankle sprains. The appeal is dismissed as a result.

The Veteran's appeal for a higher rating for his right shoulder disability has been dismissed as he has withdrawn the appeal due to favorable dispositions on other claims and the granting of a higher rating.

The Veteran's right knee and left hand disabilities are remanded for further examination and opinion to determine their etiology.