Osteoarthritis (degenerative arthritis) decisions — 2019

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and depression, finding that there were insufficient reasons provided in the original decision. The case will be returned to the RO for further development.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's cervical spine disorder. The VA examiner’s opinion was based on incomplete evidence and failed to reconcile the x-ray evidence of severe arthritis in 2005.

The Veteran's right shoulder disability was rated at 20 percent from November 18, 2005 through January 28, 2013 and from May 1, 2013. The rating is denied as the Veteran’s arm motion did not meet the criteria for a higher rating.,The Veteran's left knee replacement was rated at 30 percent from June 1, 2006. The rating is denied as the Veteran's left knee did not exhibit chronic residuals consisting of severe painful motion or weakness.

The Veteran's neck and right knee disabilities have been granted service connection on a presumptive basis. The remaining claims, including those for respiratory disability, bilateral hand numbness, acid reflux disease, and right ankle strain, are remanded.

The Veteran's degenerative arthritis of the spine is granted as service connected, with a rating of 100% effective from the date of the decision.

The Veteran's current diagnosis of degenerative arthritis of the lumbar spine is not service connected as it did not manifest during or within one year after his active service, and there is no evidence linking the condition to an in-service back strain.

The Board has granted the Veteran's claim for service connection for a right knee condition, including degenerative joint disease. The evidence is at least in equipoise as to whether the Veteran’s current right knee conditions are related to his military service.

The Board denied the Veteran's appeal as he did not file a timely substantive appeal with respect to the July 2012 rating decision, which addressed his claims for service connection for various conditions.

The Board has decided to remand the cases for further development and examination, as well as additional consideration of the issues on appeal.

The Board has remanded the Veteran's claims for service connection for PTSD, an acquired psychiatric disorder, sinusitis, a degenerative arthritis of the spine, intervertebral disc syndrome, and lumbosacral strain (claimed as low back disability), and bilateral flat foot disability due to inadequate VA examinations and lack of evidence regarding the relationship between these conditions and service.

The Veteran's claims for increased ratings for various knee, cervical spine, and foot disabilities were denied. The Board found that the current 10 percent ratings assigned for right and left knee osteoarthritis, as well as the cervical spine disability, are appropriate based on the evidence of record.

The Veteran's service-connected disabilities, including sleep apnea, shoulder conditions, and PTSD, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for an initial disability rating greater than 10 percent prior to February 9, 2017 and greater than 20 percent thereafter for osteoarthritis of the lumbar spine. The Veteran also had his TDIU claim remanded due to inconsistencies in VA examination reports.,The Board has also remanded the Veteran's claim for an effective date earlier than September 6, 2018 for the assignment of a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Veteran's claims for service connection for neuropathy of the feet, osteoarthritis, rheumatoid arthritis, and a respiratory disorder are remanded due to the need for additional medical examinations.

The Veteran's service connection for bilateral hearing loss is denied. The Board granted a TDIU based on the benefit-of-the-doubt doctrine, resolving all reasonable doubt in favor of the Veteran.

The Board has granted service connection for the Veteran's degenerative disc disease, lumbar spine and osteoarthritis of the cervical spine with foraminal stenosis and intervertebral disc syndrome. The other conditions were denied as they are not attributable to service.

The Veteran's right ankle disability is currently rated as noncompensable, but a higher rating of 10 percent is granted.,The Veteran's right wrist disability is currently rated as 10 percent disabling. The Board has remanded the issue for further development.

The Veteran's TDIU claim is remanded due to the need for further medical evaluation regarding his ability to operate a vehicle given his service-connected disabilities.

The Veteran's service connection for hypertension, radiculopathy of the right upper extremity, and degenerative arthritis and degenerative disc disease of the lumbar spine with herniated nucleus pulposus L4-L5, status-post spinal fusion is denied. The effective dates for TDIU and DEA are granted.

The Veteran's appeals for higher initial disability ratings for degenerative arthritis in the lumbar spine and radiculopathy in the left lower extremity have been dismissed as the Veteran withdrew his appeals.