Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's left knee disability, including arthritis and instability, is not shown to warrant a rating in excess of 40 percent.,Service connection for the right knee disability has been denied.

The Board dismissed the appeal for bilateral hearing loss and denied service connection for tinnitus. The Veteran's lumbar strain with osteoarthritis rating was reduced to 10% effective May 1, 2016, but her claim for restoration of a 40% rating is pending.

The Board has found that the Veteran's application for a clothing allowance for topical cream was timely filed. The appeal is remanded to consider the merits of this claim.

The Board denied the Veteran's claims for service connection for frostbite, both big toes and bilateral hearing loss. The claim for an initial rating in excess of 10 percent for degenerative arthritis of the right knee was also denied.

The Board denied the Veteran's claims of service connection for right knee osteoarthritis, finding that there was no evidence to support a direct or secondary service connection.

The Veteran's appeal for a higher rating for his left ankle disability has been withdrawn. The Board granted the TDIU claim, finding that the Veteran's service-connected disabilities prevent him from engaging in substantially gainful employment.

The Board has remanded the claims for service connection and TDIU due to additional development being required. The left shoulder condition claim is remanded for an addendum addressing whether it developed in service or is otherwise causally related, including considering parachute jumping injuries.

The Veteran's claim for service connection for right ear hearing loss is denied.,The Veteran's claim for a compensable rating for multiple noncompensable service connected disabilities prior to July 31, 2014 is remanded due to lack of legal entitlement.,The Veteran's claim for service connection for right shoulder osteoarthritis is remanded as the VA medical opinion did not consider lay statements and was based on absence of treatment in service records.,The Veteran's claim for service connection for a sleep disorder (presumably sleep apnea) is remanded due to lack of VA medical opinions regarding the nature and etiology of his claimed condition.,The Veteran's claim for service connection for left knee disability is remanded as no VA medical opinions have been obtained.

An effective date of May 25, 1977 is granted for the grant of service connection for degenerative arthritis and intervertebral disc syndrome of the lumbar spine (low back disability). The issue of whether a clear and unmistakable error was committed by the rating decision dated December 19, 1977 which denied service connection for a back condition to include degenerative arthritis and intervertebral disc syndrome of the lumbar spine is dismissed as moot.

The Board has decided to remand the Veteran's claims for increased ratings for his bilateral knee disabilities due to insufficient evidence of current severity. A new VA examination is needed to assess these conditions.

The Veteran's service-connected migraines have been restored to a 30 percent rating, effective April 29, 2019. A 50 percent rating for migraines has also been granted.

The Board has decided to remand the claims for service connection for left and right foot disorders due to incomplete examination findings and need for further clarification on the relationship between current disabilities and service.

The Veteran's appeals for higher disability ratings and TDIU have been remanded due to the need for additional examinations. The appeal for left ear hearing loss has been denied.

The Board has remanded the case due to incomplete medical opinions and additional evidence is needed before a decision can be made on service connection for left foot disabilities.

The Veteran's knee disabilities have been rated based on their functional limitations and the need for total knee replacements. The Board has found insufficient evidence to grant higher ratings in all rating periods.

The Board has remanded the issue of service connection for a neck condition due to new evidence received since the last final denial. The Veteran's claim for increased ratings and reduction in disability rating are pending, with the case being returned to the RO for further action.

The Board has denied the Veteran's claims for service connection for right knee osteoarthritis, ADHD, DVT, and early stasis dermatitis as secondary to his service-connected right ankle disability. The issues of rating higher than 10 percent for the service-connected right ankle disability, entitlement to TDIU, and SMC based on need for regular aid and attendance or being housebound are also remanded.

The Board has determined that another remand is necessary to obtain additional VA treatment records and provide addendum medical opinions regarding the appellant's left ankle, right foot, and MS disabilities.

The Veteran's claim for an effective date prior to August 29, 2017 for a 10 percent rating for service-connected lumbar strain is granted. The Veteran's claim for service connection for osteoarthritis, left knee is also granted.

The RO increased the ratings for several conditions and granted service connection, but denied the request to apply the bilateral factor. The Veteran's combined rating is now 90 percent.