Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Board has remanded the Veteran's claims of service connection for bilateral hand and lumbar spine disabilities due to conflicting medical opinions and lack of evidence regarding the onset of these conditions.

The Board has decided to remand the Veteran's claim for an initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine due to inadequate examination reports and a need for further evaluation.

The Veteran's left and right shoulder disabilities are each rated at 20 percent, as they do not meet the criteria for a higher evaluation under VA rating criteria.,The Veteran's sciatica of the left lower extremity is currently rated at 10 percent.

The Veteran's claim for service connection for tinnitus has been reopened. The right foot condition claims are remanded and the Board finds that there is no current evidence of a chronic foot condition related to service.

The Veteran's tinnitus is granted as it is at least as likely as not related to in-service noise exposure.,Service connection for an acquired psychiatric disability, including PTSD, is granted. The Board finds the evidence to be in equipoise and grants service connection based on the Veteran’s reports of military stressors.

The Veteran's initial rating for degenerative arthritis of the spine is granted at 40 percent, effective January 15, 2015. The Veteran's left lower extremity radiculopathy associated with his service-connected degenerative arthritis of the spine from August 16, 2018 to May 7, 2019 is denied as it does not warrant a rating in excess of 10 percent.

The Board has remanded the case due to inadequate VA examination and need for additional development, including obtaining private treatment records.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is at least as likely as not related to a back injury he sustained during his service while lifting furniture, and thus grants service connection for this condition.

The Board has remanded the case due to non-compliance with a prior court decision and requires an independent medical examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional records, specifically SSA disability records and private treatment records from a back surgery at Nevada Spine Institute.

The Veteran's right knee disability is rated at 10 percent for the entire period on appeal, with a separate rating of 10 percent for instability. The claim for a higher rating for Pellegrini-Stieda disease and related conditions remains denied.

The Board denied the Veteran's petition to reopen his claim for service connection for arthritis, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that additional development is needed for the issues of entitlement to an initial evaluation in excess of 10 percent disabling for service-connected degenerative arthritis, right knee, and entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran will be scheduled for a VA examination to evaluate his current level of severity for these disabilities. If denied, the case should be returned to the Board.

The Board denied service connection for the Veteran's claimed degenerative arthritis of the spine and right shoulder degenerative joint disease, finding that there was no evidence linking these conditions to his military service.

The Veteran's right knee degenerative arthritis is rated at 10 percent, and from June 7, 2012 to September 3, 2019, he receives a separate 20 percent rating for his meniscal condition. The higher ratings are granted based on the severity of symptoms.

The Veteran's appeal for higher ratings for his back disability is dismissed. An initial rating of 20 percent, but no higher, for left lower extremity radiculopathy is granted. The appeal for an initial rating greater than 20 percent for right lower extremity radiculopathy is denied. A TDIU from September 13, 2019 is remanded.

The Board has denied the Veteran's claims for service connection for a right shoulder condition and an acquired psychiatric disorder, including PTSD. The case is being remanded to obtain additional medical opinions regarding the acquired psychiatric disorder.

The appeal is dismissed due to the Veteran's death.

The Board has dismissed the appeal of service connection for hearing loss due to the Veteran's withdrawal of the appeal. The issues of higher ratings for right and left knee disabilities are remanded.