Osteoarthritis (degenerative arthritis) Board decisions

The Veteran's left shoulder disability, including degenerative arthritis and residual scars from surgery, was evaluated at a 10% rating since June 11, 2012. The reduction to noncompensable was upheld.

The Veteran's service-connected disabilities combine to render him unable to secure or follow substantially gainful employment, and his TDIU claim is granted from January 12, 2010.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's employability due to his service-connected disabilities. The claim will be readjudicated based on this additional evidence.

The Board found no CUE in the June 1970 rating decision that granted service connection for a wound, right leg with residuals of thrombophlebitis. The Veteran's claim for service connection for osteoarthritis of the right knee was not addressed because it was reasonable to conclude based on the evidence at the time that he did not have a current right knee disability related to his punji stick injury.

The Veteran's case is being remanded for additional development, including a new VA examination for his left knee condition and issuance of a statement of the case regarding the issue of clear and unmistakable error in the July 2012 rating decision.

The Board has determined that the Veteran's hypertension is not related to his military service, including as secondary to his service-connected low back strain and osteoarthritis of the bilateral knee. The claim for service connection for hypertension was denied.

The Board has found that the Veteran's current osteoarthritis and gout of both hands are less likely than not related to his military service, as they are more consistent with extensive manual work he did after service.

The Board has determined that the Veteran's bilateral shoulder, headache, and acquired psychiatric conditions are not related to his military service.,The loss of sense of smell is also not considered service-connected.

The Veteran's right ankle disability, characterized by pain and limited motion, has been rated at 20 percent since June 26, 2010.

The Board has remanded the case for issuance of an SOC and further development, including review of the issues related to service connection. The claim for the left leg radiculopathy will be deferred until the intertwined issues are resolved or prepared for appellate consideration.

The Veteran's service-connected disabilities meet the schedular requirement for assignment of a TDIU and are reasonably shown to render him unable to secure and follow a substantial gainful occupation.

The Board has determined that the Veteran's thoracolumbar scoliosis, intervertebral disc syndrome of the lumbar spine, and degenerative arthritis changes are related to his preexisting condition during service and have been aggravated by it. As such, the appeal is granted.

The Veteran's lumbar spine disability is rated at 40 percent, and his left ankle disability is rated at 20 percent. The claims for extraschedular ratings and TDIU are addressed in the REMAND portion of this decision.

The Veteran's left knee chondromalacia has been rated at 20 percent since November 1992. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's appeal was denied as his service-connected right ankle disability did not warrant a higher rating during the periods specified.

The Board has reopened the claim of service connection for a back disability and granted it, finding that new and material evidence had been received to support the claim. The Veteran's current back disabilities are related to his military service.

The Veteran's claims for higher ratings for lumbar spondylosis with intervertebral disc syndrome, radiculopathy of the right sciatic nerve, osteoarthritis of the right knee, and right knee instability are being remanded due to outstanding VA treatment records potentially pertinent to these matters.

The Veteran's service-connected disabilities meet the percentage requirements for a schedular TDIU, and the collective evidence suggests that his service-connected disabilities, in concert, preclude substantially gainful employment consistent with his education and occupational experience.

The Veteran's claim for an earlier effective date for service connection of degenerative osteoarthritis of the left knee has been denied as there was no new and material evidence submitted between final rating decisions and his July 31, 2009 claim to reopen.

The Veteran's appeals have been withdrawn by his attorney, effectively dismissing all claims.