Osteoarthritis (degenerative arthritis) decisions — 2020

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's right knee injury and its relation to service. The VA will need to verify the nature of the Veteran’s service status on December 5, 2009, obtain additional private treatment records, and provide an addendum medical opinion.

The Veteran's appeal of service connection for residuals of a fracture of the left middle finger, dermatophytosis, right hand, Dupuytren’s nodule, right hand, degenerative arthritis, right hand, limitation of motion of the right little finger, and limitation of motion of the right ring finger has been dismissed due to an inadequate substantive appeal.,The Veteran's appeals for a rating in excess of 10 percent for degenerative arthritis, right hand, and effective dates earlier than May 24, 2011 for service connection have also been dismissed.

The Board has remanded the cases for further development and consideration, including a VA examination to assess the Veteran's right knee disabilities and determine if there is any additional range of motion loss during flare-ups. The reduction in disability rating from 20 percent to 10 percent for right knee instability and osteoarthritis remains under review.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, and left knee disability due to insufficient evidence regarding their etiology. The Veteran is required to undergo new VA examinations to determine if his conditions are related to service.

The Board denied service connection for a right knee disability and a left hip disability, finding that the current diagnoses were not related to the in-service conditions.

The Veteran's service-connected degenerative arthritis of the lumbar spine with lumbosacral strain is currently rated at 20 percent, effective July 27, 2011. The Board finds that a higher rating is not warranted as his disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's claim for an increased rating for osteoarthritis of the lumbar spine is denied. The Board finds that his disability has not worsened beyond a certain point.,The Veteran’s claim for service connection for obstructive sleep apnea (claimed as unspecified problem sleeping) is remanded due to incomplete development.

The Veteran's service connection claim for PTSD is granted. The case is remanded for a new VA examination to assess the current severity of his lumbar strain with osteoarthritis, and for consideration of TDIU.

The Veteran's service-connected degenerative arthritis of the spine is rated at 40 percent from May 7, 2015 to January 11, 2019. The rating will remain at 40 percent thereafter.

The Veteran's claim for service connection for right arm radiculopathy due to degenerative arthritis of the cervical spine was granted with an effective date of July 22, 2014. The rating for his degenerative arthritis right hip and small labral cysts remains at 10 percent. His initial increased rating for degenerative arthritis of the cervical spine with degenerative disc disease is also granted.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's scoliosis and degenerative arthritis were not incurred in or aggravated by his military service. The claim was also denied for an effective date prior to November 10, 2008 for total disability rating based on individual unemployability.

The Board granted a separate rating of 20 percent for the Veteran's left knee degenerative arthritis, based on meniscus tear, effective October 9, 2019. The Veteran previously had a 10 percent rating for limitation of motion.

The Veteran's claims for increased ratings and effective dates have been denied. The current 40 percent rating for postoperative degenerative arthritis of the lumbar spine was granted on April 12, 2017.,The current 20 percent ratings for radiculopathy of the left sciatic nerve, left femoral nerve, and right lower extremity (RLE) were also granted on April 12, 2017.

The Veteran's claim for a higher rating for lumbar myofascial strain syndrome with degenerative arthritis prior to April 4, 2011 was denied. The claim for TDIU prior to that date was also denied.

The Board has remanded the Veteran's claims for left shoulder, right shoulder, left and right ankle, and cervical spine disabilities due to inadequate VA examinations and failure to discuss certain issues.

The Board has determined that the reductions in ratings for right knee chondromalacia patella and instability were improper due to failure to meet regulatory requirements. The effective dates remain unchanged.

The Veteran's service connection claims for a bilateral elbow condition, bilateral foot condition, cervical strain, lumbosacral strain, left knee degenerative arthritis, sinusitis, and migraine condition are denied. The Board finds that the preponderance of evidence is against these claims.,Service connection for a bilateral elbow condition (claimed as joint pains) is denied because there is no current disability. Service connection for a bilateral foot condition, including plantar fasciitis, is denied due to lack of in-service incurrence and continuity of symptomatology.

The Veteran's left knee disability, including strain, degenerative arthritis, bursitis, and chondromalacia, is granted as service-connected. Other claims are either denied or remanded.

The Board denied the Veteran's claims for increased ratings for left knee subluxation and osteoarthritis, finding that the evidence did not support a higher rating based on the severity of symptoms.

The Veteran's claims for increased ratings for degenerative arthritis of the cervical spine and traumatic brain injury are being remanded due to incomplete evaluations.