Osteoarthritis (degenerative arthritis) Board decisions

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his ability to work.

The Veteran's squamous cell carcinoma of the base of the tongue/throat and related residuals are service-connected due to exposure to contaminated water from Camp Lejeune. The metastatic lymphadenopathy is also service-connected as it was a result of his primary cancer.,His depressive disorder is service-connected on a secondary basis, as it developed as a result of his service-connected cancer. His low back disability is service-connected based on the in-service trauma he experienced during parachute training.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide an addendum opinion regarding the etiology of his claimed disabilities.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's appeal for a TDIU and increased ratings for lumbosacral degenerative arthritis and PTSD has been dismissed. The Board finds that the preponderance of the evidence is against an increase in disability rating for PTSD prior to September 12, 2016, and since then, as well as for lumbosacral degenerative arthritis.

The Board has determined that the Veteran does not have a current disability manifested by joint pain and osteoarthritis, to include fibromyalgia; thoracolumbar back and cervical spine disabilities; bilateral leg disability; right and left knee disabilities (other than service-connected left knee scars); an abdominal or gastrointestinal disability; respiratory disability (sinusitis and allergic rhinitis). Therefore, the claims for these conditions are denied.

The Veteran's appeal is remanded for further development, including obtaining legible copies of service personnel and treatment records, arranging for a VA examination to determine the relationship between his diabetes mellitus and service, and scheduling an aid and attendance examination.

The Veteran's appeal is being remanded for additional development, including new VA examinations and the provision of outstanding treatment records.

The Veteran's PTSD is currently rated at 50 percent, which meets the criteria for a 70 percent rating under the General Rating Formula for Mental Disorders. The Veteran also has thoracolumbar spine degenerative arthritis and radiculopathy of the right lower extremity that are each rated at 10 percent. Tension headaches have been rated as noncompensable, but the Veteran's service-connected disabilities are sufficiently severe to inhibit her ability to obtain gainful employment, warranting a TDIU rating.

The Veteran's service-connected degenerative arthritis of the lumbar spine, cervical spine and right knee internal derangement and arthroscopic surgery have been granted a rating in excess of 20 percent. The left knee scar has not met criteria for a compensable evaluation. The open angle glaucoma with toxic keratopathy of both eyes remains at an initial 10 percent disability rating.

The Veteran's combined service-connected disabilities render him unable to secure and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has determined that the Veteran's cervical spine disorder is at least as likely as not caused by or related to his military service, specifically an injury he sustained during service. The Board also finds in favor of granting service connection for left thumb osteoarthritis and a left elbow disorder.

The Board has determined that the Veteran's low back condition is substantially due to his service-connected bilateral knee disabilities and depression, which caused obesity. As a result, the claim for service connection for degenerative arthritis and degenerative disc disease of the lumbar spine is granted.

The Board has granted a 10 percent rating for the Veteran's right shoulder scar, effective July 16, 2015. The Veteran is also entitled to an initial compensable rating for his right shoulder disability prior to that date.

The Veteran has withdrawn all his appeals, including those regarding the issues of service connection and exposure basis.

The Veteran's death was caused by a stroke, which the VA doctor opined was due to his service-connected type II diabetes with peripheral neuropathy of the lower extremities and medication for ischemic heart disease. The Board grants service connection for the cause of the Veteran's death. However, there is no evidence in the file at the date of death that would have supported a claim for accrued benefits.

The Veteran's lumbar spine disability has been rated at 40 percent since June 20, 2016. This rating is based on the presence of unfavorable ankylosis.

The Board found that the Veteran's current left knee disabilities, including arthritis and a total knee replacement, did not manifest within one year of separation from service and were not caused or aggravated by his service-connected right knee disability. The evidence does not support a finding that these conditions are related to service.

The Board found that the Veteran's osteoarthritis of the bilateral knees and low back did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event, injury or disease. The preponderance of evidence supports a finding that there was no in-service incurrence or aggravation of a disease or injury.

The Veteran's claims for increased ratings and service connection were granted, with a 30 percent rating assigned for the left shoulder disability effective November 17, 2016.