Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, left and right lower extremity radiculopathy, and cervical spine conditions, render him unable to secure or follow a substantially gainful occupation. A total disability rating due to individual unemployability (TDIU) is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for degenerative arthritis of the spine prior to August 31, 2018 or since then. Service connection was also denied for umbilical hernia, gastroesophageal reflux disease (GERD), right elbow strain, chronic obstructive pulmonary disease, patellofemoral pain syndrome, left knee, and hearing loss.

The Veteran's right knee disability, including patellofemoral syndrome with osteoarthritis and lateral instability, is rated at 40%.,The Veteran also received a separate rating of 10% for limitation of flexion from October 27, 2009.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and arranging for a VA examination to assess the severity of his service-connected lumbar spine degenerative arthritis from January 2011 to July 2018. The case will also be referred to the Director, Compensation Service, for extraschedular consideration of TDIU.

Service connection is granted for a cervical spine disability, diagnosed as spondylosis, stenosis, and degenerative arthritis. Service connection is also granted for myoclonus of the neck and shoulders secondary to the service-connected cervical spine disability.

The Veteran's bilateral knee disabilities are remanded for a new VA examination to assess the current severity of his service-connected conditions and obtain any outstanding private treatment records.

The Board has remanded the case for further development due to incomplete examination and treatment records, and for a new spine examination.

The Veteran's initial ratings for cervical spine disability and major depressive disorder were denied, with the cervical spine rating remaining at 30 percent.

All claims for increased ratings and service connection have been dismissed due to the lack of an adequate substantive appeal.

Service connection for lumbar spine disability is granted. For the period beginning December 7, 2015, a 10 percent rating for left hip bursitis and non-compensable rating for limitation of extension are granted.

The Board has decided that the Veteran's claim for service connection for degenerative arthritis of bilateral knees should be remanded due to the need to obtain relevant medical records and an addendum opinion.

The Veteran's claims for effective dates, service connection, and ratings are being remanded due to the need for additional VA treatment records and examinations.

The Veteran's claim of entitlement to service connection for limited movement in right hip was previously denied due to lack of evidence. New and material evidence has been submitted, allowing the claim to be reopened. The case is remanded for further development including obtaining medical records and scheduling a VA examination.

The Veteran withdrew his appeals on the issues of increased evaluations for his left knee disabilities.

The Board denied the Veteran's claims of service connection for right knee strain, prostate cancer, and bilateral hearing loss due to lack of evidence supporting a causal relationship with his military service.

The Veteran's service-connected degenerative arthritis of the spine with IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded for additional development due to a possible worsening since his last VA examination in 2015.

The Board has remanded the claims for ischemic heart disease, hypertension, erectile dysfunction, sciatica of the right and left lower extremity, and osteoarthritis of the lower back secondary to service-connected conditions due to Agent Orange exposure. The issues are inextricably intertwined as they all relate to the Veteran's service-connected left knee condition.

The Board has denied the Veteran's claims for service connection of low back disorder, left knee degenerative arthritis, right knee degenerative arthritis, and bilateral foot disorder (paraplegia) as they are not related to his active duty service.

The Veteran's claims for higher ratings for various service-connected conditions were denied. The lumbar sprain and cervical spine degenerative arthritis prior to August 24, 2011 are rated at 20 percent each, but not higher. Other conditions have been denied.

The Veteran's right hip disability was rated at 50 percent prior to March 27, 2019. Effective from that date, a higher rating of 70 percent is granted for his right hip disability.