Osteoarthritis (degenerative arthritis) decisions — 2019

The Board has remanded the case due to conflicting medical opinions regarding whether hypertension is aggravated by service-connected diabetes mellitus and/or diabetic nephropathy. The Veteran's private treatment records are also incomplete, and additional requests for these records must be made.

The Veteran's left and right knee arthritis were not found to meet the criteria for higher ratings based on limitation of motion or instability.,Service connection was granted for glaucoma, but service connection for a respiratory disability remains pending.

The Board denied the Veteran's claim for service connection for a back disorder, finding that her current degenerative arthritis is not related to her active military service.

The Veteran's claim for service connection for a low back disorder is reopened, and he is granted service connection for degenerative arthritis and degenerative disc disease of the lumbar spine.,Service connection is also granted for persistent depressive disorder. The compensable disability rating for otitis externa with excess cerumen production is remanded due to lack of recent VA examination records. Service connection for bilateral hearing loss is also remanded.

Service connection for tinnitus and chronic fatigue syndrome is granted.,Service connection for degenerative arthritis of the spine with intervertebral disc prolapse (claimed as low back injury) is remanded.

The Veteran's right knee disability, including post-operative meniscus surgery and degenerative arthritis, has not been evaluated since his last VA examination in November 2018. The Board is remanding the case to schedule a new VA examination to assess the current severity of his service-connected right knee disability.

The Veteran's left little finger disability is currently rated as noncompensable under the applicable rating criteria. The Board has granted a 10 percent initial rating for this condition.

The Veteran's claim for an earlier effective date for a 30 percent rating for degenerative arthritis of the cervical spine with intervertebral disc syndrome is denied. The Board finds that there was no factually ascertainable increase in disability within one year prior to December 12, 2015.

The Veteran's claim for an increased rating for right knee degenerative arthritis is denied. The current assigned 10 percent rating adequately reflects the severity of his symptoms, including pain and crepitus.

The Veteran's foot disability, including bilateral plantar fasciitis with degenerative arthritis of the first metatarsophalangeal joint and hallux rigidus, was rated at 10 percent prior to August 11, 2014. Ratings in excess of 30 percent were granted from August 11, 2014 to April 19, 2018, and a maximum rating of 50 percent thereafter.

The Board has remanded the Veteran's claims for an increased rating for his degenerative arthritis of the lumbosacral spine and for a TDIU due to service-connected disabilities. Additional development is needed, including obtaining updated VA treatment records, scheduling the Veteran for a VA examination, and providing him with a formal TDIU Application form.

The Veteran's left shoulder disability, lumbar strain with degenerative arthritis, spondylosis and IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted service connection. The Veteran is also entitled to a specific disability rating for each condition.

Service connection for hemorrhoids is denied.,An initial rating of 10 percent for migraine headaches prior to February 9, 2018 is denied. A 30 percent rating for migraine headaches effective from February 9, 2018 is granted.,A rating in excess of 10 percent prior to July 6, 2015 and a rating in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is denied.,An initial compensable rating prior to April 16, 2019, and a rating in excess of 40 percent thereafter for traumatic brain injury is denied.

The Veteran's left and right knee disabilities were granted increased ratings of 30% each for the period prior to March 28, 2016. Separate 10% ratings were also granted for symptomatic removal of semilunar cartilage in both knees.

The Veteran's left knee disability, which includes a meniscal tear and osteoarthritis, is currently rated at 30 percent. The Board found that the evidence did not warrant an evaluation in excess of this rating.

The Veteran's claims for service connection and increased ratings have been dismissed due to the Veteran opting into the Appeals Modernization Act (AMA) system. The case is remanded for further development regarding his glaucoma disability.

The Veteran's claim for increased ratings for his lumbar spine degenerative arthritis with lumbar stenosis and multi-level degenerative disc disease, bilateral hearing loss, asthma, and hypothyroidism is denied. The issues of service connection for these conditions are remanded.

The Board has remanded the Veteran's claims for service connection for left and right knee osteoarthritis due to insufficient rationale in previous VA opinions, particularly regarding the secondary theory of causation.

The Board has granted service connection for bilateral hallux valgus and bunions, as well as osteoarthritis of the first metatarsal phalangeal joints (MTPJs) in both feet. The Veteran's bilateral foot conditions are now considered service-connected.

The Veteran seeks earlier effective dates for various service connection and rating decisions, but the Board finds that no such effective dates are warranted based on the evidence of record.,The Veteran's tinnitus is currently rated at 10 percent under Diagnostic Code 6260. The maximum schedular rating available for tinnitus is also 10 percent.