Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran's tinnitus, left knee strain, right knee osteoarthritis, and obstructive sleep apnea are all found to have been incurred during active service.,Service connection is granted for these conditions.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 20 percent prior to September 9, 2014 and at 40 percent from that date. The Veteran's anal fissure with status-post lateral sphincterotomy is currently rated as noncompensable.,The Veteran's service-connected anal fissure has been found to have constant slight or occasional moderate leakage of the rectum and anus, warranting a 10% rating under Diagnostic Code 7332.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as his disabilities are not severe enough to prevent him from securing or following a substantially gainful occupation.

The Veteran's lumbar spine disability is rated at 40 percent, and her PTSD is rated at 70 percent. The appeals for service connection for bilateral hearing loss, TBI, tinnitus, and TDIU are all granted.

The Board has remanded the Veteran's claims of higher staged ratings for degenerative arthritis of the spine, right-sided sciatica, and left-sided sciatica due to a lack of adequate reasons and bases in the previous decision. The Board found that a VA examination is necessary before these matters can be adjudicated on the merits.

The Board has remanded several issues related to the Veteran's service-connected knee disabilities, including reduction ratings and increased rating claims. The Veteran is also being asked to undergo a new VA examination for her bilateral knee conditions.

The Board has determined that the Veteran's lumbar spine disability, diagnosed as degenerative arthritis of the spine and radiculopathy, is service-connected. However, his eye disability, believed to be related to chemical/smoke exposure during service in Vietnam, has not been established as service-connected.

The Board has remanded the Veteran's claims for higher ratings for his knee and ankle disabilities due to new evidence submitted since the last rating decision.

The Veteran's claim for a higher rating for his low back disability is denied. The Board has also remanded the issue of whether he should be awarded separate compensation for neurological impairment secondary to his service-connected low back disability.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine with IVDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis have been rated. The 10% rating for degenerative disc disease of the lumbar spine with IVDS has been restored from January 13, 2020.

For the period from May 11, 2009 to October 12, 2012, the Veteran's lumbar spine degenerative arthritis was rated at 40 percent and right lower extremity radiculopathy at 10 percent.,Effective July 16, 2012, a separate 20 percent rating for right lower extremity radiculopathy was granted.

The Board has determined that there is at least an approximate balance of positive and negative evidence regarding whether the Veteran's current degenerative arthritis of the cervical spine was incurred while boxing in the U.S. Air Force, leading to a grant of service connection.

The Board has remanded the case due to inadequate VA examination and for consideration of extraschedular increased rating.

The Board has remanded the Veteran's claims for service connection for intervertebral disc syndrome, sinusitis, left hip degenerative arthritis, and right hip degenerative arthritis due to new evidence received since the last Statement of the Case.

The Veteran's left elbow disabilities, including limitation of flexion and supination/pronation, have not met the criteria for increased evaluations.,Specifically, prior to August 27, 2019, his flexion was not limited to 90 degrees or less. After that date, it was not limited to 55 degrees or less.

The Veteran's degenerative joint disease of the lumbar spine is granted as service-connected.,Service connection for a respiratory disability due to asbestos exposure is denied.

The Veteran's service-connected Hashimoto's thyroiditis is granted a 60 percent rating, effective September 7, 2011. She also receives TDIU benefits.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and medical opinions regarding his claimed conditions.

The Board has remanded the Veteran's claims of service connection for right elbow, right wrist, and left ankle disorders due to insufficient opinions from the March 2020 VA examiner. The issues are now pending for further development.

The Veteran's appeals for increased ratings, effective dates, and service connection were denied. The decision also found that the Veteran did not meet criteria for a TDIU.