Osteoarthritis (degenerative arthritis) decisions — 2018

The Board denied recoupment of the Veteran's disability severance pay because his back disability was not incurred in combat, and thus did not meet the criteria for recoupment under applicable regulations.

The Board has decided to remand the Veteran's claims for additional VA examinations due to recent court decisions requiring more detailed examination reports.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to his military service.

The Board denied the Veteran's claims for service connection of left shoulder disability and obstructive sleep apnea, and granted a 20% rating for his left ankle sprain from June 9, 2014 to October 17, 2016 and from February 2, 2017.

The Board has remanded the case for a new examination to determine the severity of the Veteran's left knee disability, as the previous examination did not provide sufficient information.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate statements of reasons or bases, and insufficient consideration of his educational and occupational history. The case is being returned to obtain additional medical and vocational assessments.

The Veteran's claims for increased ratings for his left and right knee disabilities, as well as PTSD with depressive disorder, are being remanded due to incomplete records and the need for additional medical opinions.

The Veteran's claim for a rating in excess of 10 percent for his right wrist sprain and osteoarthritis was denied. The Board found that the evidence did not show ankylosis, which would warrant a higher rating under DC 5214. For TDIU, the Veteran's service-connected disabilities were deemed to be insufficient to preclude him from securing or following substantially gainful employment.

The Board has remanded the case for further development and evaluation of the Veteran's claims for service connection for degenerative arthritis of the first left rib, low back, and shoulder disorder.

The Veteran's headaches are granted a 10 percent rating prior to August 8, 2013 and denied any higher. For the period beginning August 8, 2013, he is granted a 30 percent rating for his headaches. The Veteran's bipolar disorder is granted a 70 percent rating prior to May 4, 2013 and a 100 percent rating from that date forward.

The Board has remanded the case due to inadequate reasons and bases regarding VA's duty to assist with the development of the claim on appeal. The Veteran needs another VA examination to assess the current severity of his service-connected lumbar spine disability.

The Veteran's lumbar spine disability is rated at 40 percent, and his sinusitis is rated at 30 percent. These ratings are granted.

The Veteran's service-connected right knee disability is denied. The Board found no evidence of direct service connection and the preponderance of the evidence against secondary service connection due to his left knee disability.

The Board denied service connection for a left hip disability, finding that the Veteran's left hip osteoarthritis did not manifest to a compensable degree within the applicable presumptive period and was not otherwise etiologically related to an in-service injury or disease. The Board also found no continuity of symptomatology.

The Veteran's claims for an earlier effective date for the grant of a 60 percent rating for degenerative arthritis of the lumbosacral spine and TDIU are denied as no earlier effective dates are assignable.

The Board has remanded the cases for further development and examination to address the Veteran's claims of service connection, increased ratings, and initial increased rating for his right knee injury with degenerative joint disease and lumbar spondylosis and spondylolisthesis with degenerative arthritis of the spine.

The Board has remanded the Veteran's claims of entitlement to service connection for osteoarthritis, right knee and residual left-hand injury due to incomplete medical records and lack of an addendum opinion regarding the etiology of his knee disability. The Veteran is also required to provide VA with any relevant private medical records.

The Board denied service connection for a low back disorder, cervical spine osteoarthritis, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Veteran's current diagnoses are not related to his active duty service.,There is no evidence of any neck injury or diagnosis of cervical spine disability during service or for more than a decade after service.

The Veteran's appeal is remanded due to worsening symptoms and a need for further examination.

The Board has remanded the TDIU claim due to insufficient development and consideration of the Veteran's employment history, education, and vocational background. The case is now back with the RO for further development.