Osteoarthritis (degenerative arthritis) decisions — 2020

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current bilateral foot conditions are related to his military service or secondary to his service-connected intervertebral disc syndrome.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied. The case has been remanded to determine if the Veteran should be granted TDIU.

The Board has granted service connection for osteoarthritis and degenerative disc disease of the thoracolumbar spine, radiculopathy of the right lower extremity, and remanded the issues regarding radiculopathy of the left lower extremity and a disorder of the cervical spine.

The Board has granted service connection for lumbar strain and degenerative arthritis of the lumbar spine with left leg femoral nerve involvement as due to a service-connected left knee disorder, resolving doubt in favor of the Veteran.

The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.

The Veteran's lumbar spine disability is rated at 10 percent prior to November 3, 2014 and at 40 percent from that date. The rating of 40 percent is granted for the period after November 3, 2014.

The Board denied the Veteran's claims for service connection for a right knee condition and an increased rating for PTSD. The evidence did not support finding that the Veteran's current conditions began during service or were related to in-service injuries.

The Board has dismissed the claims for service connection as they are related to a deceased Veteran.

The Board has remanded the case due to deficiencies in the December 2019 VA examination and June 2020 VA addendum opinion, which do not substantially comply with the September 2019 Board remand directives. The Veteran is entitled to a retrospective medical examination conducted in accordance with 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's claims for osteoarthritis of the neck, fingers/hands, and an acquired psychiatric disorder other than PTSD have been granted. The appeal is dismissed as these issues are no longer pending.

The Veteran's service connection claims for various conditions have been denied as there is no competent evidence showing that these conditions were incurred or aggravated during a period of honorable service.

The Board denied the Veteran's claims for service connection for left knee degenerative arthritis and plantar fasciitis, right foot. The Board found that there was no evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for service connection and evaluation of his lumbar spine conditions due to incomplete opinions regarding causation and aggravation, as well as a lack of information on flare-ups.

The Veteran's left knee tricompartmental osteoarthritis with instability and lost motion are currently rated at the highest possible schedular ratings, but do not warrant a higher rating as they do not meet the criteria for any additional disability due to pain or other factors.

The Veteran's claim for service connection for a left knee disability was granted, and he is now rated at 20% for his left ankle disability. The appeal regarding an increased rating for the left ankle disability is still pending.

The Veteran's TDIU and DEA benefits were granted effective June 10, 2018, as she met the criteria for a permanent and total service-connected disability at that time.

The Board denied the Veteran's claims for service connection for lumbar spine degenerative arthritis and an initial rating in excess of 50 percent for PTSD. The claim for TDIU prior to November 16, 2012 was also denied.

The Veteran's left shoulder disability and degenerative arthritis of the left shoulder were denied as they did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's initial increased rating for cervical strain is denied, and the case is remanded to obtain a new VA examination.,The Veteran's claim for an increased initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine since November 7, 2019 is remanded.

The Veteran's claim for an evaluation greater than 30 percent disabling prior to July 16, 2019 for residuals of right knee gunshot wound is denied. The claim for total disability individual unemployability (TDIU) from July 16, 2019 to present is dismissed as moot.