Osteoarthritis (degenerative arthritis) decisions — 2019

The Board denied the claim to reopen service connection for right hip disability due to lack of new and material evidence, as the existing evidence did not show an in-service event or a causal relationship to service-connected low back strain.

The Board has granted service connection for right shoulder degenerative arthritis and reopened the previously denied claim of service connection for a right shoulder sprain. The decision is based on the Veteran's credible reports of continuing right shoulder pain, which are consistent with his military injury history.

The Veteran's claim for an earlier effective date for service connection of his low back disability is denied as the earliest date entitlement arose was March 9, 2010.

The Veteran's appeal includes multiple issues related to his PTSD, traumatic amputation of the right middle finger, chronic fatigue syndrome, and various musculoskeletal conditions. The Board has determined that further examination is needed for all these claims due to the lack of recent examinations addressing current severity.

The Veteran's claims for service connection for back pain and left knee conditions were denied in a March 1996 rating decision. The effective date of the grant of service connection is November 7, 2013, which was the date he submitted an informal claim to reopen his previously denied claims.

The Board has dismissed the appeals for earlier effective dates and withdrawn issues related to superficial scars, cellulitis, painful scar, radiculopathy, peripheral neuropathy, muscle damage, rib cage, hypertension, and service connection. The appeal is REMANDED for further examinations and determinations regarding PTSD, cervical spine disorders, lumbar strain, TBI, and ear disorder.

The Board denied a request for an effective date prior to April 16, 2014 for the award of service connection for DJD of the cervical spine, patellofemoral syndrome of the right and left knees, residual scar from GSW of the back, and mild interphalangeal osteoarthritis of the left fifth finger.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the cervical spine and thoracolumbar spine disability due to inadequate VA examination, lack of medical records from private providers, and need for updated medical opinions.

All initial claims for increased ratings were dismissed as the Veteran requested withdrawal of his appeal. The restoration of a 50% rating for major depressive disorder was granted effective December 1, 2015. Earlier effective dates of May 22, 2014 were granted for increased ratings for lumbar spine and cervical spine disabilities.

The Board has remanded the Veteran's claims for service connection and effective date determination due to new evidence added by VA, as well as issues regarding his thoracolumbar spine condition(s), left shoulder condition(s), bilateral hand condition(s), and heart condition(s).

The Veteran's claims for service connection for total knee replacement, left and right knees (claimed as bilateral knee injury), and for degenerative arthritis of the spine, cervical spondylosis and spinal fusion (claimed as neck injury) have been granted. The appeal is dismissed because these issues are no longer in controversy.

The Board has remanded the cases for additional examinations to assess the current severity of the Veteran's service-connected right shoulder and thoracolumbar spine disabilities due to potential worsening of symptoms.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's current back disorder, diagnosed as lumbar spondylosis with radiculopathy, lumbar stenosis, and degenerative arthritis of the lumbar spine, was incurred in service. The decision grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and missing records. The AOJ is instructed to obtain all relevant treatment records, including from Dr. Torres at the Pocatello VA outpatient clinic and any Okinawa, Japan sources. They are also required to schedule new VA examinations of the Veteran’s left shoulder disability and associated psychiatric conditions.

The Veteran's degenerative arthritis of the dorsal spine is rated at 10 percent, which does not meet the criteria for a higher rating. The Board finds that there is no evidence to support a disability rating in excess of 10 percent.

The Board has granted a TDIU effective from April 16, 2016, based on the evidence showing that the Veteran's service-connected disabilities prevented her from securing or following any substantially gainful occupation prior to that date.

The Veteran's service connection for tuberculosis was denied due to lack of evidence of active disease during or after service.,Increased ratings were granted for right knee conditions, but the Veteran is still seeking higher ratings.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right shoulder disability. A new examination and opinion are needed based on full review of the record.

The Veteran's claims for increased ratings were denied. The right knee conditions, PTSD and alcohol abuse, GERD, and thoracic spine condition all resulted in denial of the requested increases.

The Veteran's death prevented the appellant from being substituted as claimant, and thus his appeal for substitution was denied.