Osteoarthritis (degenerative arthritis) decisions — 2018

The Veteran's claim for an increased disability rating for degenerative arthritis of the spine to include DJD with disc prolapse was denied. The Veteran's claim for an increased disability rating in excess of 10 percent for a migraine condition prior to May 25, 2015, and in excess of 30 percent from May 25, 2015 to April 7, 2016 was also denied.,The Veteran's back condition did not meet the criteria for an increased disability rating as his forward flexion of the lumbar spine was more than 30 degrees and he did not have any associated objective neurologic conditions warranting a separate evaluation. The Veteran's migraine condition met the criteria for a 10 percent disability rating prior to May 25, 2015, but did not meet the criteria for an increased disability rating from May 25, 2015 to April 7, 2016.

The Veteran is currently rated at 20 percent for his degenerative arthritis of the lumbar spine, effective March 2, 2017. He is also rated separately at 20 percent each for radiculopathy in both lower extremities since that date.,Prior to March 2, 2017, the Veteran's panic disorder was rated as 50 percent disabling.

The Board has granted service connection for a low back disability, including degenerative changes and recurrent mechanical back pain syndrome, based on the Veteran's credible reports of an in-service lumbar spine injury and lower back symptomatology since service separation.

The Veteran's claim for an increased rating for his thoracolumbar spine disability is denied as the evidence does not show that he meets or nearly meets the criteria for a higher evaluation.

The Veteran's claim for a higher initial disability rating for degenerative arthritis of the lumbar spine was granted, with an effective date from November 6, 2016. The Veteran received a compensable (20%) initial disability rating for this condition.

The Veteran's service-connected right and left knee disabilities have been rated based on their respective conditions, with no higher ratings granted due to the current functional limitations. The claims for increased ratings are denied.

The Board has determined that the Veteran's degenerative arthritis of both hands and left thumb are related to his active service.

The Veteran's right shoulder disability, including a rotator cuff tear and osteoarthritis, is currently rated at 30% disabling since October 13, 2014. The evidence does not support an increase in rating.

The Veteran's claim for a compensable disability rating for residuals of a right thumb injury is denied due to failure to report for an examination.

The Board has determined that there is no evidence linking the Veteran's current lumbar spine disability to his military service, and therefore denied the claim for service connection.

The Board has determined that the Veteran's left shoulder disability, which includes degenerative arthritis and residual scars from rotator cuff surgery, does not warrant a higher rating than 20 percent. The evidence shows pain, reduced range of motion, popping, non-painful linear scarring, and loss of function in the left shoulder. However, there is no evidence showing limitation of motion to 25 degrees from the side or unstable/painful scars.

The Board has remanded the case for additional development, including obtaining new VA examinations and obtaining outstanding private or VA treatment records.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction over the issues.

The Board has determined that the Veteran's lumbar spine DDD, right leg sciatica, right hip degenerative arthritis, and major depressive disorder are all service-connected.

The Board has determined that the Veteran's claim for service connection for a bilateral shoulder disability, to include degenerative arthritis, requires additional development and an examination.

The Board denied the Veteran's claim that VA improperly withheld his disability compensation benefits to recoup special separation benefits he received at service separation. The decision stated that the law required such recoupment and that the Veteran had no legal basis for challenging it.

The Board has determined that the Veteran's bilateral ankle osteoarthritis is etiologically related to service and grants service connection for this condition. The issues of service connection for bilateral pes planus and plantar fasciitis are remanded.

The Board denied the Veteran's claim for an initial rating higher than 10 percent for his service-connected degenerative osteoarthritis of the right knee, status post arthroscopy for a meniscal tear. The evidence did not show limitation of motion warranting a higher rating.

The Board has remanded the case for additional development, including a VA medical opinion regarding the Veteran's service-connected disabilities and their permanence.

The Veteran's appeal has been dismissed as he requested to withdraw his appeal prior to the Board making a decision.