Osteoarthritis (degenerative arthritis) decisions — 2019

The Veteran's right knee disability is being remanded for further evaluation due to the possibility of increased severity since his last examination.

The Veteran's right knee instability and osteoarthritis have not met the criteria for a higher rating under VA regulations.,For the period from June 21, 2017 to November 6, 2018, the Veteran’s right knee disability has not met the criteria for a higher rating based on limitation of motion.

The Board has remanded the Veteran's claims for service connection for bilateral ankle disability, skin condition (claimed as due to Agent Orange exposure), and headaches. The remand requires additional medical opinions on the etiology of these conditions.

The Veteran's claims for increased ratings and earlier effective date for right ankle osteoarthritis were denied. The initial rating of 10% was granted on November 6, 2001.

The Veteran's initial evaluations for left hip and left knee disabilities prior to May 10, 2013 were granted at a 20 percent rating. The effective date of service connection for these conditions was set as November 10, 2009.

The Board has determined that the Veteran's degenerative disc disease and arthritis of the thoracolumbar spine are at least as likely as not related to his in-service injuries, including a fall from a telephone pole and a motor vehicle accident. As such, service connection for these conditions is granted.

The Veteran's service-connected back disability is rated at 40 percent, but the Board finds that there is no evidence of unfavorable ankylosis and thus cannot grant a higher rating.

The Veteran's appeal for restoration of a 10 percent rating for left hip extension (claimed as hip pain and degenerative arthritis) is remanded due to inadequate pre-decisional duty-to-assist error.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the cervical spine with intervertebral disc syndrome was dismissed as his NOD challenging the denial of this condition was filed before the issuance of the rating decision.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his thoracic/lumbar spine, bilateral hand tremors, and right knee disabilities. The Veteran is required to provide an addendum opinion on these issues.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's service-connected conditions and their contribution to his death. The appellant is seeking service connection for cause of death, but the Veteran was not service-connected for the causes that led to his death.

The Board has remanded the Veteran's claims of service connection for ingrown toenails, bilateral knee condition (osteoarthritis), and an acquired psychiatric disorder (PTSD) due to incomplete VA treatment records and lack of examination. Further development is needed.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is at least as likely as not related to service. The decision is based on medical opinions and the Veteran's credible assertions.

The Veteran's claim for service connection for a cervical spine disorder, including arthritis and associated headaches, has been reopened. Service connection is granted for this condition. The claim of service connection for a right shoulder disorder, including osteoarthritis and rotator cuff tear, is denied. The appeal as to the right ear disorder (ringing) is dismissed due to the RO's award of service connection.

The Veteran's right knee condition and its potential impact on his left knee are being reviewed due to recent complaints of worsening symptoms. The case is remanded for further examination and evaluation.

The Board denied the Veteran's requests for earlier effective dates for TDIU and basic eligibility for DEA benefits, finding that no earlier factually ascertainable date of entitlement existed before June 16, 2016.

The Veteran's claim for service connection for erectile dysfunction is remanded as the VA medical opinion did not address whether it was due to or aggravated by his service-connected disabilities.,The Veteran's claim for a total disability rating based on individual unemployability prior to August 16, 2011 is remanded as the schedular requirements were not met and referral to the Director of Compensation Service under 38 C.F.R. § 4.16 (b) is required.,The Veteran's claim for basic eligibility to Chapter 35 Dependents’ Educational Assistance prior to August 16, 2011 is remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's lumbar spine stenosis and congenital sacralization of the lowest lumbar vertebra with degenerative arthritis at worst limited flexion to 30 degrees, warranting a 40% disability rating prior to February 24, 2016 and from October 1, 2016. The Veteran's anxiety disorder NOS with alcohol use disorder is rated at 50%. A TDIU was granted.

The Board has reopened the Veteran's claims for service connection for TBI, Degenerative Arthritis of the Lumbar Spine and Bilateral Radiculopathy, Residuals of TBI, and Tinnitus. The claims are granted to this extent. However, due to new evidence received since the last denial, the Board is remanding the Veteran's claims for service connection for Hearing Loss and Left Eye Injury.

For the period between October 9, 2014 and September 25, 2019, the Veteran's PTSD symptoms caused occupational and social impairment with reduced reliability and productivity.,From September 26, 2019 onwards, the Veteran's PTSD symptoms have caused occupational and social impairment with deficiencies in most areas.