Osteoarthritis (degenerative arthritis) decisions — 2020

The Board has remanded the Veteran's claims for service connection for left knee medial meniscus tear with moderate osteoarthritis and right knee mild osteoarthritis due to incomplete medical records and insufficient opinions in the VA examination reports.

The Board has remanded the Veteran's clothing allowance claims for further review due to inconsistencies in the reasoning and bases provided. The issues of service connection for a low back disability and compensation under 38 U.S.C. § 1151 are deferred until the low back disability appeal is resolved.

The Veteran's right knee disability, characterized by chondromalacia with osteochondral lesion involving the medial femoral condyle and severe osteoarthritis, has been rated at 20 percent since August 16, 2019. The rating is for limitation of flexion to a maximum of 30 degrees during flare-ups and extension to a maximum of 10 degrees during flare-ups.

The Board has decided to remand the case due to insufficient service treatment records and missing Reserve and National Guard service documents. The Veteran's arthritis is being reviewed for its onset, aggravation, or relation to in-service injuries.

The Board has decided to remand two separate claims for service connection for avascular necrosis with osteoarthritis of the right hip and left hip due to inadequate examination findings.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the spine, bilateral hip condition, and bilateral ankle condition due to inadequate medical opinions regarding their etiology. The VA is required to obtain new opinions from a VA examiner.

The Veteran's lumbar spine disability was denied an increased rating in excess of 40 percent from February 27, 2017 to the date of death. A 20 percent rating was granted for the period March 18, 2013 to February 26, 2017.

The Veteran's claim for an earlier effective date for the grant of service connection for degenerative arthritis of the thoracic spine is dismissed.,The Board has remanded the issues regarding a rating in excess of 10 percent for degenerative arthritis of the thoracic spine and entitlement to TDIU.

The Board has granted service connection for right shoulder degenerative arthritis but remanded the issue of service connection for erectile dysfunction, claiming it is secondary to PTSD.

The Board has granted the Veteran's claim for an earlier effective date of May 25, 2005 for service connection of right shoulder rotator cuff tear with glenohumeral joint osteoarthritis.

The Board denied the Veteran's claims for a rating in excess of 10 percent for left knee osteoarthritis and an initial compensable rating for service-connected left knee scars.

The Veteran's claim for service connection for a left hip condition has been granted, but the appeal is dismissed as moot because the full benefit sought was already awarded. The Board also remanded three issues: an increased rating for degenerative arthritis of the thoracolumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's left foot fracture, patellofemoral pain syndrome with degenerative arthritis of the left knee, and myofascial pain syndrome and degenerative disc disease (thoracic spine) are all granted as secondary to his service-connected left foot fracture.

The Board denied the Veteran's claim for an increased disability rating for bilateral metatarsalgia with degenerative arthritis, finding that the preponderance of evidence did not support a higher rating. The decision also noted that restoration of dual 10 percent evaluations was not warranted.

The Veteran's radiculopathy, left upper extremity is currently rated at 30 percent disabling. The Board finds a remand necessary to determine the severity of his condition due to his contentions of worsening symptoms.

The Board has decided to remand the Veteran's claims for a higher rating for her degenerative arthritis of the spine and for TDIU due to service-connected disabilities. The reasons are that the previous examinations were not compliant with court rulings, and there is evidence suggesting she cannot work due to her lumbar spine disability.

The Veteran's service-connected disabilities do not meet the threshold requirements for vocational rehabilitation benefits under Chapter 31 of the VA regulations, as she is currently employed and does not have an employment handicap.

The Board has decided to remand the Veteran's claims for increased ratings for his right knee and lower back disabilities due to inadequate examinations that did not address the frequency, duration, characteristics, or overall severity of flare-ups.

The Veteran's service-connected osteoarthritis of the right shoulder is currently rated at 20 percent, but his disability does not limit his arm motion to midway between the side and shoulder level. Therefore, a higher rating cannot be granted.

The Board has remanded the case for further examinations to assess the current severity of the Veteran's knee and back disabilities, as his testimony indicated that these conditions have worsened since the last evaluations.