Osteoarthritis (degenerative arthritis) decisions — 2021

The Board has decided to remand several issues related to the Veteran's knees, including a reduction in disability rating for left knee ACL reconstruction and increased ratings for osteoarthritis of the left knee and degenerative changes of the right knee. The remand is due to the need for further development regarding the Veteran's lay statements about intermittent instability in his left knee.

The Veteran's claim for increased disability ratings for degenerative arthritis of the spine was denied. The initial rating prior to July 12, 2018 was found not to meet criteria for a higher rating. Ratings at 20% and 40% were also denied as of July 12, 2018 and from January 20, 2020 respectively.

The Veteran's appeal is remanded due to insufficient service connection determinations and rating issues. The Board finds that the claims for PTSD, depression, and left wrist disability need further examination and opinion.

The Board has determined that the Veteran's left hip osteoarthritis is related to his service, specifically his parachute jumps in service. As a result, the claim for service connection for left hip osteoarthritis is granted.

The Board has remanded the issues of service connection for left and right knee disabilities, as well as an acquired psychiatric disorder (depression), to include as secondary to degenerative arthritis of the lumbar spine due to inadequate opinions in the previous VA examinations.

The Veteran's service-connected degenerative arthritis and degenerative disc disease of the lumbar spine, sciatica of the right lower extremity, and sciatica of the left lower extremity are all rated at 20 percent. The Board finds that these ratings are appropriate as there is no evidence of incapacitating episodes or ankylosis.

The Board has denied the Veteran's claims for service connection for left hip degenerative arthritis and right ankle degenerative arthritis, finding that there is no evidence of in-service injury or aggravation by a pre-existing condition. The Board also found no continuity of symptoms since service.

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 an in-service injury.

The Board has remanded the case due to incomplete medical opinion and lack of substantial compliance with previous remands. The Veteran's low back injury is being reviewed for service connection.

The Veteran's service-connected disabilities, including his back condition and urinary incontinence, rendered him unable to secure and follow substantially gainful employment beginning April 13, 2013. The Board granted a TDIU on an extraschedular basis.

The Board has granted a TDIU rating from September 30, 2008 to March 2, 2011. The Veteran's claim for an increased rating for bilateral hearing loss is remanded due to the lack of audiogram records.

The Veteran's right knee osteoarthritis, status post total knee replacement, has not been manifested by chronic residuals consisting of severe painful motion or weakness as required for a higher rating of 60 percent under DC 5055. The Board found that the criteria for an increased disability rating in excess of 30 percent are not met.

The Veteran's initial rating for lumbosacral strain with degenerative arthritis and spinal stenosis was granted at 20 percent effective August 24, 2015. The Veteran's radiculopathy of the left lower extremity received a separate initial rating of 20 percent effective August 1, 2016.

The Board has ordered another examination to determine the etiology of the Veteran's back disability, address whether any current back disability pre-existed service and was not aggravated by active service beyond normal progression, and address whether any current back disability had its onset during service, within one year after service, or is otherwise the result of a disease or injury in service.

The Veteran's back disability is rated at 40 percent, effective December 13, 2016. The rating for his right lower extremity radiculopathy remains at 40 percent.

The Veteran's claim for service connection for a right foot disorder prior to January 17, 2016 is dismissed. The Board has remanded the issues of service connection for left and right ankle disorders.

The Veteran's service-connected right ankle condition and varicose veins precluded him from securing or following a substantially gainful occupation, and any subsequent employment was marginal. Effective August 1, 2014, the criteria for a TDIU have been met.

The Board has decided to remand the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's right knee disability is being reviewed to determine if it is related to his in-service injury from completing over 17 parachute jumps or his pain in 1968.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative arthritis of the cervical spine, spinal stenosis, multilevel cervical spondylosis, multilevel foraminal stenosis, and multilevel cervical spondylosis, is causally related to active duty. As such, service connection for this condition has been granted.

The Board has granted service connection for right hip osteoarthritis, trochanteric pain syndrome, and trochanteric bursitis, as well as right knee degenerative arthritis. The decision is based on the Veteran's credible reports of in-service injuries and continuous symptoms since discharge.