Osteoarthritis (degenerative arthritis) decisions — 2020

The Board has granted the Veteran's petitions to reopen his claims for service connection of bilateral hearing loss, tinnitus, and degenerative arthritis of the lumbar spine. The cases are being remanded for further development.

The Board has decided that the right knee chondromalacia patella with degenerative arthritis requires a rating in excess of 10 percent, but has also noted an issue regarding service connection for a right knee meniscal tear. The case is being remanded to consider both issues together.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is at least as likely as not related to the Veteran's active service. The claim was reopened due to new and material evidence submitted since the March 1983 denial.

The Board denied the Veteran's claim for service connection of left knee disability, finding that there is no evidence linking his current condition to his military service.

The Board has remanded the cases for further development and examination, including obtaining additional medical records and scheduling examinations to assess the severity of the Veteran's right knee and lumbar spine disabilities.

The Board has remanded the claims for bilateral hip disability and right leg disability due to insufficient opinions regarding service connection. The Veteran's current conditions are being evaluated without presumptive exposure, and a new opinion is needed on whether they are related to service-connected degenerative arthritis of the spine.

The Board dismissed the appeals for various disability ratings and TDIU due to the appellant's death.

The Board has granted an earlier effective date of February 15, 2008 for the Veteran's entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis due to his service-connected back disability.

The Board has granted service connection for left knee, left hip, and lumbar spine degenerative arthritis as secondary to the Veteran's service-connected right knee and hip disabilities.

The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected left hip disability is denied. The Board also denied the claim for service connection for early menopause, finding that there was no evidence to support a link between her gynecological condition and active duty service or exposure to herbicides, fuel, and gas fumes.

The Veteran's service connection for unspecified depressive disorder was granted effective July 20, 2017. The higher initial rating of 50 percent for the depression has been denied. An increased disability rating in excess of 40 percent for degenerative arthritis of the spine, retrolisthesis with vertebral wedging, and a separate compensable rating for right knee instability have also been denied.

The Board has found that there has not been substantial compliance with the directives of the prior Remand and has therefore remanded the cases for further development.

The Veteran's type 2 diabetes mellitus is granted as service connected.,The Veteran's left shoulder disability is granted as service connected.

The Veteran's back pain and bilateral knee osteoarthritis are found to be related to his active duty service. Service connection is granted for these conditions.,Service connection is also granted for the Veteran's bilateral pes planus, as it was aggravated by his military service.

The Veteran's left knee patellofemoral syndrome is currently rated at 10 percent for limitation of extension and noncompensable for limitation of flexion. The Board finds that the evidence does not support a higher rating.,The Veteran’s low back strain has been rated as 20 percent prior to January 22, 2019 and in excess of 20 percent thereafter. The Board finds that there is no evidence supporting a higher rating for this condition.,The Veteran's allergic rhinitis is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating.,The Veteran’s right shoulder strain (major) is currently rated as 20 percent. The Board finds that there is no evidence supporting a higher rating for this condition.,The Veteran's right knee disability remains in appellate status and requires further examination.

For the period from August 17, 2011 to January 16, 2014 and August 18, 2016 to September 22, 2019, the Veteran's service-connected herniated nucleus pulposus with degenerative arthritis of the spine is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or combined range of motion of the thoracolumbar spine not greater than 120 degrees, resulting in a denial for higher ratings.,From January 17, 2014 to August 17, 2016, the Veteran's right ankle sprain was limited at most to 30 degrees plantar flexion and 0 degrees dorsiflexion, meeting the criteria for a 20 percent rating.,From August 17, 2011 to February 11, 2019, the Veteran's status post left arthroscopic meniscectomy with post-operative scarring was manifested by painful motion and limited range of motion, but not meeting the criteria for a higher rating.,Since April 1, 2020, the Veteran's status post total left knee arthroplasty with post-operative scarring is not manifested by severe weakness, ankylosis, or extension limited to 30 degrees, resulting in denial of a higher rating.

The Veteran's hearing loss and lumbar spine disability were denied higher ratings. The lower extremity radiculopathies received remanded issues for rating determinations.,Effective dates for TDIU and DEA benefits were also remanded.

The Board has granted service connection for lumbar spine spondylosis and cervical spine degenerative arthritis, finding that these conditions are related to a motor vehicle accident during active duty.

The Board has remanded the Veteran's claims for a higher rating and TDIU due to his service-connected right ankle disability. The appeal is now expanded to include these matters.

The Board has dismissed the appeal due to a withdrawal by the appellant's attorney prior to the promulgation of a decision.