Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical opinions regarding the proximate cause of his additional disabilities and whether an unforeseeable event occurred during VA referral.

The Veteran's claim for an initial evaluation higher than 20 percent for degenerative arthritis of the lumbar spine was denied, and his request for an earlier effective date for service connection for this condition was also denied.

The Veteran's disability rating for lumbosacral strain, IVDS, and degenerative arthritis was increased to 40 percent. The reduction in rating from 10 percent to noncompensable for left lower extremity radiculopathy effective August 26, 2019 is granted.

The Veteran's claims for increased ratings and TDIU are remanded due to inadequate examination reports regarding the severity of his service-connected lumbar spine, cervical spine, and radiculopathy disabilities. The Veteran must be scheduled for new examinations.

The Board has granted the Veteran's claim of service connection for lumber spine degenerative arthritis. The case is being remanded to obtain a VA examination and opinion regarding whether the left hip disability is related to service or his service-connected lumbar spine condition.

The Veteran's low back condition is etiologically related to her military service, and the claim for service connection for lumbar degenerative disc disease and degenerative arthritis (low back condition) has been granted.

The Board has remanded the claim of service connection for an arthritic condition due to inadequate etiology opinions provided in previous VA examinations. The Veteran's lay statements, testimony before the Board, and in-service injuries are considered in determining the cause of his current osteoarthritis disabilities.

The Veteran's lumbar disability has been granted a rating of 40 percent prior to July 13, 2021. For the entire appeal period, he is denied a rating in excess of 40 percent.

The Veteran's TDIU claim is granted. The Board finds that the Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, particularly PTSD and right knee/lumbosacral spine disabilities. His initial rating claims are remanded as new examinations are necessary given the lack of adequate testing in previous VA examination reports.

The Board denied the Veteran's claims for SMC based on need for regular aid and attendance, compensation under 38 U.S.C. § 1151 for back disability, bilateral foot disability, and leg disability due to lack of evidence showing he is in need of regular aid and attendance or permanently bedridden.

The Board denied higher ratings for the Veteran's low back and left ankle disabilities, finding that the criteria for a rating higher than 40 percent for the low back disability have not been met. The criteria for a rating higher than 20 percent for the left ankle disability have also not been met.

The Board denied service connection for right knee disability, left foot bursitis, left foot neuropathy, and right foot neuropathy as the evidence did not support a finding of in-service disease or injury, and arthritis was not shown within one year post-service.,The Veteran's current disabilities were found to be unrelated to his military service.

The Veteran's left knee degenerative joint disease and right knee degenerative arthritis have been granted separate disability ratings, with the left knee flexion limitation receiving a separate rating.

The Veteran's claim for an annual clothing allowance due to the use of a right knee brace is denied as there was no evidence showing that the brace caused wear and tear on his clothing.

The Veteran's headaches associated with TBI are granted an increased evaluation of 50 percent. The claim for entitlement to TDIU is also granted. The claims for service connection for right shoulder and left shoulder disabilities have been withdrawn.

The Veteran's service connection claim for a right knee disability is granted. The respiratory disability claim is remanded due to insufficient evidence.

The Veteran's cervical spine disability was denied an initial rating higher than 20 percent prior to June 10, 2021 and a rating higher than 30 percent from that date.,The Veteran's thoracic spine disability was denied an initial rating higher than 20 percent prior to June 10, 2021 and a rating higher than 40 percent from that date.,The Veteran's right knee disability was denied an initial rating higher than 10 percent prior to June 10, 2021 and a rating higher than 30 percent from that date.,The Veteran's left knee disability was denied an initial rating higher than 10 percent prior to June 10, 2021 and a rating higher than 30 percent from that date.

The Board denied service connection for left hip hypertrophic spurring (claimed as degenerative arthritis, left hip) due to a lack of evidence linking the condition to active service.

The Board has remanded the case due to insufficient medical evidence regarding the cause of the Veteran's death and its relation to service.

The Veteran's left shoulder disability, diagnosed as osteoarthritis of the glenohumeral joint and acromioclavicular joint, is granted as service-connected.