Osteoarthritis (degenerative arthritis) decisions — 2019

The Veteran's claims for increased evaluations and TDIU have been remanded due to the need for additional VA examinations, treatment records review, and retrospective medical opinions.

The Board has granted the Veteran's claims for service connection for left hand fourth finger fracture and scar, status post-surgical repair conditions. The conditions are considered direct service connections based on evidence showing they occurred during active duty.

The Veteran's disability rating for IVDS with degenerative disc disease and arthritis of the lumbar spine was reduced from 40 percent to 20 percent, based on improvement in her range of motion. The Board found that this reduction was appropriate.

The Veteran's claim for an effective date prior to December 20, 2011 for the award of service connection for degenerative arthritis, lumbar spine status post spinal fusion (low back disorder) was denied.,The Veteran's appeal challenging the March 2012 rating decision that granted entitlement to service connection for a low back disorder and assigned an effective date of December 20, 2011 due to CUE was also denied.

The Veteran's claims for service connection were denied as his claimed conditions did not manifest in or are otherwise attributable to service.

The Veteran's disability ratings for left and right knee disabilities were reduced from 30% to 20%, but the appeals for restoration of these ratings are denied.

The Board has decided to remand the issue of service connection for a bilateral upper extremity disability, which includes right carpal tunnel syndrome (CTS), osteoarthritis of the right hand, and right index trigger finger. The Veteran asserts that these disabilities are secondary to his now service-connected dizziness.

The Board dismissed the Veteran's appeals for an increased evaluation for his lumbar spine condition and compensation under 38 U.S.C. § 1151 due to his request to withdraw all of his appeals.

The Board has ordered a new examination to determine if the Veteran's left shoulder disorder is related to service and whether it is secondary to his service-connected essential tremor of the left hand. The case is being remanded for these determinations.

The Board dismissed all claims for increased ratings as the Veteran withdrew her appeals of these issues prior to a decision being made.

The Veteran's initial disability ratings for right and left shoulder degenerative arthritis are being remanded due to the need for additional VA examinations.

The Board denied a rating greater than 10 percent for chondromalacia patella and osteoarthritis of the left knee with limitation of flexion, finding that the evidence did not support such an increase in disability.

The Veteran's hepatitis C was aggravated by his service-connected degenerative disc disease of the lumbar spine, resulting in a grant of service connection.,Service connection for diabetes mellitus, type II is denied as there is no evidence linking it to active duty service.,Degenerative disc disease of the cervical spine is not service connected due to lack of evidence showing its onset during service or being caused by a service-connected disability. Service connection was granted based on aggravation by his service-connected lumbar spine disorder.,The cause of death, hepatocellular carcinoma resulting from hepatitis C, is recognized as service-connected.,An increased rating greater than 20 percent for degenerative disc disease of the lumbar spine is granted due to its severity and impact on employment.,TDIU is granted based on the Veteran's inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's left total knee replacement is rated at 30 percent, which is the maximum rating available under Diagnostic Code 5055.,The Veteran's degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes during the appeal period.,Prior to February 9, 2019, the Veteran's degenerative arthritis of the cervical spine was rated at 10 percent. The Board found that a higher rating is not warranted due to limited forward flexion and no evidence of ankylosis.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for atrial fibrillation, a seizure disorder, and a back disorder due to care received by VA in April 2015 have been denied as there is no evidence of additional disability caused by the VA treatment.,The Veteran's claims for compensation under 38 U.S.C. § 1151 for atrial fibrillation and a seizure disorder were denied because the competent medical evidence does not support the presence of these conditions, and they are not related to the April 2015 vaccination or any other form of VA treatment.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disorder was denied as there is no evidence linking the claimed disability to the April 2015 vaccination or any other form of VA care.

The Board denied the Veteran's claims for service connection for a right hip disability, obstructive sleep apnea (secondary to diabetes), and an effective date of September 30, 2015 for his 20% rating for diabetes. The decision also denied temporary total evaluations based on surgical treatment necessitating convalescence.

The Veteran's claims for bilateral shin splints, lumbar spine disability, and left lower extremity radiculopathy have been denied due to lack of current diagnosis.,The Veteran's claims for effective dates earlier than December 16, 2015, for the grant of service connection for a lumbar spine disability and left lower extremity radiculopathy are also denied as there is no evidence that he filed such claims prior to this date.

The Board has found that the VA examiner did not consider all relevant factors and directives, particularly regarding the Veteran's lay statements and medical opinions. The case is being remanded for further examination and opinion to address these issues.

The Board has determined that the Veteran was in need of regular aid and attendance due to his service-connected disabilities, including acute myeloid leukemia, spinal stenosis, lumbar radiculopathy, right knee osteoarthritis, and ulcerative colitis. As a result, SMC based on aid and attendance for accrued benefits purposes has been granted.