Osteoarthritis (degenerative arthritis) decisions — 2019

The Veteran's claim for service connection for a lumbar disorder, including degenerative disc disease (DDD), degenerative spondylolisthesis, radiculopathy, and degenerative arthritis of the lumbar spine, was denied as there is no evidence of an in-service injury or event that resulted in these conditions. The Board found that the Veteran's current symptoms are not related to his active duty service.

The Veteran's claim for residuals of separated broken ribs has been denied as there is no current diagnosis.,Tinnitus is currently rated at the maximum allowable under Diagnostic Code 6260, and a higher rating is not warranted.,Bilateral hearing loss was granted an increased rating to 20 percent effective March 4, 2014 (the date of the Veteran's TDIU claim).,Osteoarthritis/degenerative arthritis of the lumbar spine was also granted an increased rating to 40 percent effective March 4, 2014.,The Veteran's claims for Meniere's disease and vertigo/dizziness are remanded as further evaluation is needed.,The Veteran's claims for vertigo/dizziness and Meniere's disease are remanded as further evaluation is needed.

The Veteran's cervical spine degenerative arthritis and PTSD have been granted service connection, but the left shoulder condition has a 30% rating.

The Veteran is granted a TDIU from November 14, 2012 through December 31, 2012. The case was remanded for an extra-schedular TDIU prior to this date, but the Director of Compensation Service denied the claim.

The Board has determined that additional evidentiary development is necessary for the Veteran's claims of entitlement to service connection for headache disability, an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine, and total disability rating due to unemployability prior to January 27, 2017. The Board will address these issues for the purpose of ensuring the issuance of a Statement of the Case (SOC) along with information about the process for perfecting an appeal as to those issues if the Veteran so desires.

The Board has remanded the Veteran's claim for service connection of a right knee disorder due to incomplete factual premise and lack of recent medical evidence. A new VA examination is needed to determine if his current right knee disorders are at least as likely as not caused or aggravated by military service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for osteoarthritis with degenerative arthritis (DJD) of the left knee and entitlement to a rating in excess of 10 percent for DJD of the right knee due to inadequate examination findings.

The Veteran's right ankle strain is rated as 20 percent disabling, and the claims for higher ratings for his right knee and left knee osteoarthritis are remanded. The claim of entitlement to a TDIU is also remanded.

The Veteran's facet osteoarthritis of the lumbar spine with central canal and foraminal stenosis, tinea pedis (athlete's foot), and hypertension have been granted service connection.,Further examination is needed to determine if there are any residual issues from a shrapnel wound to the stomach.

The Veteran's service-connected disabilities have rendered her unable to engage and retain substantially gainful employment, as evidenced by her inability to perform physical or sedentary work due to chronic neck and back pain.

The Veteran's right knee disability, including degenerative arthritis and scars from a patellectomy, is rated at 30% for the entire appeal period. The Veteran also receives a 10% rating for his service-connected right knee scars. Additionally, the Veteran is granted TDIU benefits.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since December 1, 2011. The Board has granted TDIU from that date.

The Board has determined that there was a duty to assist error due to the failure to obtain and associate with the file VA treatment records from October 22, 2013 to May 21, 2018. The Veteran's knee disabilities were last evaluated in July 2014, and he has reported increased severity of symptoms since then. Therefore, a new examination is needed.

The Veteran's service connection claims for scalp scar, left knee strain with osteoarthritis, and tension headaches are remanded due to the need for additional medical opinions.

The Veteran's claim for an initial evaluation in excess of 10 percent for a low back disability is being remanded due to the need for additional medical records and examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of evidence.

The Board has determined that additional development is needed for the Veteran's claims of increased disability ratings for his right shoulder disabilities and surgical scars, as well as his claim for TDIU. The case will be remanded to allow for further examination and consideration.

The Veteran's claims for increased ratings for right-shoulder disorder and lumbar-spine disorder after August 31, 2017 were denied. The Board found that the Veteran did not meet the criteria for a disability evaluation in excess of 20 percent for his right-shoulder disorder or in excess of 10 percent for his lumbar-spine disorder.

The Veteran's left shoulder impingement syndrome with osteoarthritis is currently rated at 20 percent. The Board has decided to remand the case for a new VA examination and updated treatment records.

The Board has remanded the Veteran's claims for higher ratings for her bilateral knee disabilities due to inadequate VA examination and failure to consider referral for extraschedular rating.