Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's service connection claim for a right knee strain is denied. The claims for increased ratings of other specified anxiety disorder and major depressive disorder, lumbar spine degenerative disc disease with intervertebral disc syndrome (IDVS) and degenerative arthritis status post lumbar laminectomy/discectomy, and radiculopathy of the right lower extremity are all denied. The Veteran's claim for TDIU prior to July 30, 2015 is also denied.

The Board has determined that the Veteran's sleep apnea is not related to service and therefore denied her claim. The right knee and foot disability ratings are remanded for further evaluation, as well as a new examination of the residual surgical scars on the right ankle.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case for a new VA examination to determine the current severity of the Veteran's left knee status post arthoplasty. The Veteran is seeking increased ratings for his service-connected left knee disabilities, but the Board finds that a rating in excess of 10 percent is not warranted for his degenerative arthritis and a separate rating of 30 percent is warranted for recurrent subluxation or lateral instability prior to June 10, 2016. The Veteran's status post arthoplasty is rated at 30 percent.

The Board has denied service connection for kidney disease and gum disease, and has remanded the claims for degenerative arthritis of the right knee, shortening of the right leg, carpal tunnel syndrome of the right hand and wrist, and arthritis of the right wrist.

The Veteran's PTSD with major depressive disorder and lumbar spine degenerative arthritis have been rated, but the claim for an earlier effective date for these conditions remains unresolved.,The Veteran's asthma has also been rated, but his claim for an earlier effective date is being remanded.

The Board has denied the Veteran's claims for increased ratings for his service-connected right and left knee osteoarthritis disabilities, finding that the evidence does not demonstrate limitation of motion or instability sufficient to warrant a higher rating.

The Board has decided to remand the claims for service connection for degenerative arthritis of the lumbar spine and bilateral hips due to a need for a new medical opinion addressing whether the appellant's service-connected knee and foot disabilities have aggravated his claimed conditions.

The Board denied the Veteran's claim for service connection for a neck condition, finding that there is no competent evidence of a current disability related to service.

The Veteran's right and left femur fractures have been rated based on the criteria for malunion with moderate hip disability.,Since April 9, 2019, the Veteran’s right femur fracture has been rated at 30 percent under DC 5255 (malunion with marked hip disability).,The Veteran's osteoarthritis of the right and left hips have not met the criteria for higher ratings.,The Veteran's right shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to April 4, 2012, and since June 1, 2012.,The Veteran's left shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to February 29, 2012, and since April 1, 2012.,The Veteran's thoracolumbar disorder has not met the criteria for a higher rating.,The Veteran's right knee disorder has not met the criteria for a rating in excess of 60 percent prior to August 1, 2013.,The Veteran's left knee disorder has not met the criteria for a rating in excess of 30 percent.,SMC based on need for aid and attendance has been granted.

The Board has remanded three issues related to the Veteran's lumbar spine disability and associated radiculopathy of the lower extremities due to inadequate examinations, in particular regarding functional loss during flare-ups.

The Board has granted service connection for left elbow lateral epicondylitis, lumbar spine degenerative disc disease and osteoarthritis, and right foot hallux valgus.,An initial rating higher than 10 percent for right elbow osteoarthritis prior to August 2, 2018 has been denied.

The Board has remanded the claims for higher ratings for service-connected left and right knee degenerative arthritis instability, as well as the claim for total disability rating based on individual unemployability prior to March 12, 2013. The Veteran is required to provide a complete address for the Bryan LGH West Med Center in order to obtain VA treatment records from December 2019 to the present.

The Board denied service connection for a right elbow disability and an acne disability, but granted service connection for acquired psychiatric disorders including PTSD, anxiety disorder, mood disorder, and bipolar disorder.,Service connection was not established for the right elbow disability due to lack of in-service injury or diagnosis. The acne disability claim was denied as there is no evidence of pre-existing condition prior to service.

The Veteran's depressive disorder is granted service connection, but his higher ratings for various disabilities and effective date claims are remanded.

The Board has determined that additional development is necessary for the Veteran's claims regarding his service-connected disabilities, specifically left knee and bilateral ankle conditions. The case is being remanded to obtain new VA examinations from an examiner with sufficient expertise.

The Veteran's service-connected disabilities, including bilateral pes planus with bilateral plantar fasciitis, left leg and right leg varicose veins, lumbar degenerative disc disease, impairment of the left hip/thigh, degenerative arthritis of the left ankle, left hip arthritis/limitation of flexion, left foot hallux valgus, right foot hallux valgus, right foot hammertoes, left foot hammertoes, and right hip strain, preclude him from securing and following substantially gainful employment. The Veteran's TDIU claim is granted.

The Veteran's claims for increased evaluations of his service-connected lumbar spine and bilateral knee disabilities have been denied. The current evaluations are found to be appropriate based on the evidence showing no limitation of motion or ankylosis.

The Veteran's service connection claim for a left shoulder disability, diagnosed as left AC joint osteoarthritis, is granted. The rating for his cervical spine disability remains at 10 percent prior to March 18, 2019 and 20 percent thereafter.

The Board has remanded the claims for service connection for various conditions, including degenerative disc disease of the cervical spine, left ankle fracture residuals, heart murmur, hypertension, osteoarthritis neck and shoulder, proteinuria (claimed as a kidney disease), right foot condition, actinic keratosis, and disability claimed as actinic keratosis. The claims are remanded due to unclear duty status during service.