Osteoarthritis (degenerative arthritis) decisions — 2020

The Board denied service connection for degenerative arthritis of the lumbar spine, finding no clear and unmistakable error in the September 2008 rating decision. The claim was reopened based on new evidence submitted by the Veteran, but the Board determined that there is no nexus between the current disability and military service.

The Board has granted restoration of a 40 percent disability rating for the Veteran's degenerative arthritis of the spine with disc displacement, lumbosacral region effective October 1, 2018. The claim for an increased rating to a higher than 40 percent rating was denied.

The Board granted increased ratings for left and right knee instability, but denied evaluations in excess of the current 10 percent ratings for chondromalacia and degenerative joint disease.

The Veteran's ratings for right knee chondromalacia, mechanical low back pain with spurring, and right knee degenerative arthritis were reduced. The rating for instability was not addressed.,The reductions are considered improper due to lack of consideration of the provisions in 38 C.F.R. § 3.344.

The Board has granted the Veteran's claim for an effective date of October 20, 2014 for a 10% evaluation for lumbar spondylosis with degenerative arthritis. The decision is based on the fact that the Veteran filed his formal application within one year of submitting his informal claim.

The Board has granted service connection for right and left knee osteoarthritis, right and left knee strain, residuals of right wrist fracture, and residuals of right elbow chip fracture on a secondary basis to the Veteran's service-connected left ankle disability. The Veteran is also awarded a 10 percent rating for his left ankle strain with chronic synovitis.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from May 1, 2014 to August 1, 2016 due to his service-connected disabilities that precluded substantially gainful employment.

The Veteran's service-connected rheumatoid arthritis has caused painful motion in both knees, leading to separate compensable ratings. Additionally, the Board granted SMC based on need for regular aid and attendance due to his condition.

The Board denied service connection for left and right knee disorders, finding that the evidence did not support a link between the current diagnoses and active service.

The Veteran's right knee total arthroplasty from December 19, 2018 to December 19, 2019 is rated at 100 percent.

The Veteran's claim for left knee osteoarthritis and strain was denied in previous rating decisions, but granted on February 2, 2018. The Board found no basis to grant an earlier effective date.

The Veteran's tinnitus is found to have started during service and has continued since then.,Service connection for bacterial sinusitis with rhinitis is granted, as the evidence is at least in equipoise that it began during service.,Right knee osteoarthritis is granted on reopening of a previously denied claim.,Migraine headaches are granted on reopening of a previously denied claim.,Bilateral pes planus with bilateral plantar fasciitis is granted on reopening of a previously denied claim.,Service connection for right ear hearing loss is established as the evidence supports its onset during service.,Cervical strain with degenerative joint disease is found to be related to service.,Lumbosacral strain with thoracolumbar spine osteoarthritis is found to be related to service.

The Board has remanded the Veteran's claims for service connection for cervical degenerative arthritis, left hip degenerative arthritis, and increased rating evaluation for arthritis of toes, right foot disability. The TDIU claim is also being remanded.

The Veteran was granted TDIU prior to September 16, 2015 due to his service-connected disabilities. However, he is not entitled to TDIU on or after that date as his combined evaluation has reached 100 percent and there are no other service-connected disabilities rated at 60 percent or higher.

The Veteran's appeals for effective dates prior to August 4, 2015 for the grant of service connection for left ear hearing loss and bursitis and degenerative arthritis of the right shoulder were denied.,The Veteran's appeals for increased ratings for bilateral hearing loss were also denied.

The Veteran's left knee disability, characterized by painful motion and limited flexion to at most 45 degrees, is granted an initial rating of 10 percent effective June 22, 2019. The claim for a higher rating remains denied.

The Veteran's chronic migraines began during service and have continued since, meeting the criteria for service connection.,The Veteran's deviated septum was incurred in service due to trauma from boxing training.

The Veteran's service connection claims for dizziness and osteoarthritis of the left knee are granted. The claim for a higher rating for lumbar degenerative disc disease and spondylosis is denied.

The Board has remanded the claims for service connection for a spine condition manifesting in back pain, including fibromyalgia and degenerative arthritis, paralysis of the sciatic nerve of both lower extremities, major depressive disorder, and posttraumatic stress disorder (PTSD).,The remaining issues have been denied due to insufficient evidence or lack of nexus between service and current conditions.

The Veteran's right ear hearing loss is granted as service-connected.,Service connection for the Veteran's right hip disability and left hip disability is denied.