Osteoarthritis (degenerative arthritis) decisions — 2019

The Board has remanded the case due to an inadequate examination for a rating in excess of 40 percent for degenerative arthritis of the thoracolumbar spine associated with traumatic osteoarthritis of the left knee. The Veteran needs another VA examination to assess his current disability status and functional impact.

The Board denied the Veteran's claims for service connection for psoriasis and hammertoes and degenerative arthritis of the right foot, finding that new evidence did not establish a link to active service.

The Board has decided to remand the Veteran's claims for further development and consideration, including obtaining additional VA treatment records and scheduling a VA examination.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including cervical spine disability, bilateral lower extremity radiculopathy, and cervicogenic headaches. The Veteran will be provided with additional examinations to assess the severity of his conditions and determine their impact on his ability to work.

The Veteran's initial rating for his right shoulder condition is granted at a maximum of 40 percent, effective from November 1, 2017. The appeal is denied for the issues related to bilateral lower extremities and TDIU.

The Board has granted service connection for neck strain and low back disability, finding that the current diagnoses are related to service. The issues of CUE in a December 1980 decision denying service connection for ruptured muscle, right groin, and service connection for hypertension have been remanded.

The Veteran's appeal for increased disability ratings and service connection has been dismissed due to his death.

The Veteran's depressive disorder is granted a 50% rating for the period prior to April 12, 2019. For the entire appeal period, his right and left knee osteoarthritis are each granted separate 10% ratings for instability. The Veteran’s left upper extremity radiculopathy is not rated higher than 30%. No rating in excess of 50% for depressive disorder or any other condition is granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation from February 16, 2016, to September 10, 2017. The TDIU is granted during this period and the appeal for a temporary total evaluation due to hernia repair is remanded.

The Veteran's claim for an earlier effective date for service-connected osteoarthritis is remanded due to the need to obtain additional VA treatment records and determine when prior claims were filed.,The Veteran's claim for service connection for peripheral neuropathy is remanded as there may be missing VA treatment records not yet associated with his file, and a new examination is needed considering the potential link between radiation exposure and peripheral neuropathy.,The Veteran's claim for service connection for bilateral eye disorder is remanded due to the need to obtain additional VA treatment records and consider whether radiation exposure could have caused or contributed to his diagnosed conditions.,The Veteran's claim for service connection for a dental disorder is remanded as there may be missing VA treatment records not yet associated with his file, and a new examination is needed considering the potential link between radiation exposure and his dental condition.

The Board has denied service connection for right hip degenerative arthritis and left hip bursitis (calcific capsulitis) as there is no nexus between the current disabilities and the Veteran's in-service motor vehicle accident. The weight of evidence does not support a finding of chronic symptoms or injury to the hips during service, nor do post-service treatment records show manifestations within one year of separation.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected bilateral knee disability did not contribute to his death and was not a primary or contributory cause of death.

The Veteran's appeal regarding his claims for service connection for chronic pain syndrome, bilateral carpal tunnel syndrome, cervical spine posttraumatic osteoarthritis, and lumbar spine degenerative disc disease with posttraumatic lumbar osteoarthritis has been withdrawn. The Veteran's claim for service connection for hypertension was denied.,The Veteran's appeal regarding his claims for service connection for migraines has also been withdrawn. His petition to reopen his claims for cervical spine posttraumatic osteoarthritis and lumbar spine degenerative disc disease with posttraumatic lumbar osteoarthritis have been granted, but the issues of entitlement to service connection for hypertension and migraines remain pending.

The Veteran's appeal is remanded for additional medical opinions regarding his lumbar spine and left lower extremity radiculopathy disabilities, as well as a determination on the issue of total disability based on individual unemployability (TDIU).

The Veteran's appeals for increased ratings and TDIU were denied. The right shoulder osteoarthritis AC joint with associated shoulder impingement syndrome was rated at 20 percent, while the status-post right knee total knee arthroplasty was rated at 10 percent prior to November 14, 2012, and higher than 30 percent since January 1, 2014. The Veteran's appeal for TDIU is also denied.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal.

The Veteran's Parkinson’s Disease is granted as it is presumed to be related to herbicide exposure during service.,Service connection for tinnitus is granted based on in-service noise exposure and current diagnosis.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for her lumbar spine disability, service connection for her bilateral eye disorder, and service connection for her bilateral foot disorder due to inadequate VA examinations.

The Veteran's service-connected right and left knee disabilities, as well as her migraines, are being remanded for additional examinations to determine their current severity.

The Veteran's appeal is remanded for additional examinations and to obtain outstanding medical records. The issues of rating his cervical spine disorder and entitlement to a temporary total rating due to convalescence are also being remanded.