Osteoarthritis (degenerative arthritis) decisions — 2019

The Veteran's appeals for an earlier effective date and a compensable rating for left ear hearing loss have been withdrawn.,A higher rating for the Veteran’s service-connected left knee disability is denied as there is no evidence of limitation of flexion to 30 degrees or less.

The Board denied the Veteran's claim for service connection for a left shoulder condition, including glenohumeral joint osteoarthritis, finding that there was no evidence linking his current condition to his active service.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board also found that a TDIU prior to August 9, 2014 was not warranted.

The Board has remanded the issues of entitlement to earlier effective dates for the assignment of 10 percent ratings for osteoarthritis of the right and left knees, as these claims are not properly before the Board.

The Board has determined that the Veteran's claims for an effective date prior to January 30, 2015, and for a higher rating for lumbosacral strain with degenerative arthritis, lumbar spine are both remanded due to new evidence being added to the record.

The Board denied earlier effective dates for service connection claims due to the appellant not having qualifying service prior to an August 2016 administrative decision.,The July 1965 rating decision is considered final as it was based on incomplete records, and new relevant post-service medical records received in August 2015 do not change this.

The Veteran's lumbar spine disability was rated at 10 percent prior to October 30, 2018 and increased to 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Board has withdrawn the claim for PTSD and is remanding the claim for thoracic spine osteoarthritis with lumbar spine degenerative disease due to additional evidence needed.

The Veteran's petition to reopen a claim for service connection for a right knee disability is granted. The case is remanded due to the need for a VA examination to address the nature and etiology of any current right knee disability.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome, as well as his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for left arm injury, residuals of right hand fracture, degenerative arthritis of the left hand, TBI, type II diabetes mellitus, hyperlipidemia (high cholesterol), bilateral eye disability and cataracts, hypertension, left foot disability, right foot disability, obstructive sleep apnea, restless leg syndrome, and acquired psychiatric disability have all been denied.,The Veteran's claims for service connection for these conditions are not supported by the evidence of record.

The Veteran's service-connected disabilities do not meet the criteria for VR&E benefits as he is successfully pursuing a Juris Doctor degree and has transferable skills that make him suitable for employment.

The Veteran's claim of service connection for sleep apnea has been reopened. The Board finds new and material evidence to support the reopening of his claim, but remands for further examination and opinion regarding the etiology of his sleep apnea.

The Veteran's claim for service connection for left shoulder rotator cuff tendonitis and acromioclavicular joint osteoarthritis was granted, effective from November 24, 2006.

The Veteran's dementia is granted as secondary to his service-connected diabetes mellitus. He is also granted SMC based on aid and attendance due to his service-connected disabilities, which require him to be in need of regular assistance. The Veteran is also eligible for specially adapted housing.

The Veteran's appeal for a higher rating for his right elbow condition was dismissed. His bilateral hearing loss is now rated at 10 percent, effective June 10, 2019.,Service connection has been granted for degenerative arthritis of the right knee and degenerative joint disease of the lumbar spine.

The Board has remanded the claims for osteoarthritis of the hips, elbows, wrists, and shoulders, as well as the bilateral knee disability due to discrepancies in the medical evidence.

The Veteran's appeal is granted as her NOD was timely filed. The Board finds that the Veteran submitted new and material evidence within one year of the March 2016 rating decision, thus keeping her claims pending at the time of her submission of a Notice of Disagreement in April 2017.

The Veteran's bilateral achilles bursitis, with flatfoot and degenerative arthritis, is not rated higher than 50 percent from June 28, 2019 to the present. The left thumb strain is rated noncompensable from June 30, 2010 to September 15, 2014 and granted a 10 percent rating from September 16, 2014 to the present.

The Board has granted service connection for degenerative arthritis of the cervical spine, lumbar stenosis with radiculopathy, and bilateral hearing loss. The conditions are deemed to have had their onset during service.