Osteoarthritis (degenerative arthritis) decisions — 2021

Entitlement to increased ratings for bilateral knee disabilities was denied. The Veteran's right knee is currently rated at the highest schedular rating available under DC 5260, and his left knee is not more nearly approximating flexion limited to 30 degrees.,Entitlement to increased ratings for right knee instability and left knee instability were also denied. The Veteran’s right knee instability was assigned the highest schedular disability rating available under DC 5257, and his left knee instability was rated at the highest schedular rating available under DC 5257.

The Veteran's right knee osteoarthritis is rated at 30 percent disabling from March 19, 2015 to August 25, 2020.

The reduction of the disability rating for degenerative arthritis of the spine with lumbar spinal stenosis and IVDS from 40 percent to 20 percent was improper, and restoration of the 40 percent rating is warranted as of February 1, 2019. The claim for a higher rating remains on appeal.

The Veteran's claims for increased ratings for degenerative arthritis of the right knee were denied as he failed to appear for a scheduled VA examination without showing good cause.

The Board denied service connection for a back condition, finding that the evidence does not support a link between the Veteran's current back disability and his active duty service.

The Veteran's service-connected lumbar spine disorder is rated at 20 percent, effective August 25, 2017. Ratings of 20 percent are also granted for RLE and LLE sciatic and femoral nerve radiculopathies, also effective August 25, 2017.

The Veteran's claims for service connection have been granted, but the effective dates are set to November 19, 2018.

The Board has remanded the claims for increased ratings for peripheral neuropathy, diabetes mellitus, and degenerative arthritis of the spine with intervertebral disc syndrome due to outstanding VA records not having been considered in prior decisions. The TDIU claim is also being remanded as it relates to a period before September 25, 2009.

The Board denied the Veteran's claim for service connection for osteoarthritis of bilateral knees, finding that the evidence did not support a link between his current condition and his military service.

The Veteran's claim for an increase in the ratings assigned for his low back disability was denied. The rating of 20 percent is maintained from December 19, 2016 onwards.

The Board has denied the Veteran's claim for a disability rating greater than 30 percent for his service-connected right shoulder degenerative arthritis with acromioclavicular joint separation and Hill-Sachs deformity, finding that the evidence does not support a higher rating.

The Veteran's initial compensable rating for right knee scars and increased rating for degenerative arthritis of the left knee were denied. The Board remanded issues related to service connection for PTSD, TDIU, and other claims.

The Veteran's service-connected PTSD and other disabilities have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from February 13, 2018. Additionally, his single service-connected disability rated at 100 percent (PTSD) combined with additional disabilities independently ratable at 60 percent or more qualify him for SMC under specific VA regulations.

The Veteran's nonservice-connected pension benefits for the period prior to September 15, 2019 were denied due to his not being permanently and totally disabled from nonservice-connected disabilities.,For the period after September 15, 2019, the Veteran's income exceeded the maximum annual pension rate (MAPR) for a Veteran with no dependents.

The Board has remanded the case for further development and medical opinions to address whether the Veteran's spondylolysis at L5 and S1 clearly and unmistakably preexisted service, if it was aggravated by service, and its relationship with spina bifida occulta. The Veteran's claim is pending.

The Veteran's increased ratings for bilateral knees and lumbar spine conditions were denied. The Board found that the evidence did not support an increase in disability severity within one year of his claim, and he was not granted a TDIU.

The Veteran's left knee meniscal tear residuals, osteoarthritis and recurrent patellar dislocations are granted as secondary to his service-connected left ankle fracture residuals. A rating of 20 percent for lumbar disc disease since June 10, 2015 is granted.

The Veteran's appeal for increased ratings for bilateral pes cavus and plantar fasciitis with degenerative arthritis is being remanded due to insufficient medical evidence in the record. The Board requires an addendum VA medical opinion to differentiate symptoms attributable to service-connected disabilities from those of nonservice-connected conditions.

The Board has granted service connection for left knee strain with degenerative arthritis and bursitis, finding that the Veteran's current condition is related to his in-service injury.

The Board has determined that the Veteran's back disability is related to an in-service injury, and therefore grants service connection for this condition.