Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's depression is being remanded for an addendum opinion to determine if it was caused by his service-connected disabilities, specifically the left clavicle and scapula dislocation or any combination of other service-connected conditions. The TDIU claim is also being remanded due to its inextricability with the secondary service connection issue.

The Board denied the Veteran's claims for an effective date prior to March 8, 2019 for service connection for degenerative arthritis of both knees as secondary to his service-connected hemophilia B with iron deficiency anemia.

The Veteran's cervical spine disability is granted, but his claims for increased ratings and TDIU are remanded due to inadequate development.

The Veteran's right ankle disability, bilateral hearing loss, diabetes mellitus, heart disorder, thyroid disorder, cirrhosis of the liver, and esophageal varices are all remanded for further development. The issues include service connection for these conditions.

The Veteran's claims for extended temporary total rating, compensation under 38 U.S.C. § 1151, TDIU, increased ratings for left and right foot disabilities, and PTSD are being remanded due to the need for additional development.

The Veteran's appeal for increased ratings for his left hip disability prior to August 28, 2014 was denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes. For periods after July 1, 2015 and up to March 22, 2021, the Veteran's disability was rated at 30 percent based on moderately severe residuals of weakness, pain, or limitation of motion. As of March 22, 2021, a higher rating of 50 percent for moderately severe residuals with additional functional impairment was granted.

The Veteran's claim for increased rating of his lumbar spine disability was denied, with a 40% rating granted effective March 30, 2021.,An earlier effective date of August 27, 2016 for the initial 10% rating for left lower extremity radiculopathy is granted. The claim for an earlier effective date for right lower extremity radiculopathy prior to March 30, 2021 remains denied.

The Veteran's appeals for service connection for allergies, sleep apnea, and a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's withdrawal of these claims. The appeal regarding a disability rating in excess of 40 percent for lumbar strain with degenerative arthritis and intervertebral disc syndrome has also been dismissed.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his service-connected disabilities, as well as their relationship to service. The issues include bilateral hearing loss, OSA, degenerative arthritis of the knees, lumbosacral spine, and cervical spine.

The Board has remanded the case for further development due to an inadequate VA examination in December 2019, which did not address functional loss during flare-ups or after repetitive use.

The Board denied the Veteran's claim for service connection for a bilateral knee condition, finding that there was no in-service incurrence of the current bilateral knee degenerative arthritis and that it is not proximately due to or aggravated by his service-connected bilateral ankle disabilities.

The Board has remanded the cases for obtaining additional VA treatment records and Social Security Administration (SSA) records to determine if they contain relevant information that could affect the Veteran's claims.

The Veteran's degenerative arthritis, lumbar spine is currently rated at 60 percent effective August 14, 2012. The Board finds that the Veteran's disability meets the criteria for a 60 percent rating but not higher due to flare-ups resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months. The claim is remanded for further development.

The Board has denied service connection for left shoulder degenerative arthritis and right shoulder degenerative arthritis. The Veteran's claims of bilateral upper and lower extremity neuropathy secondary to diabetes mellitus type II are remanded.,Service connection is not granted for the claimed conditions as there is no evidence of a nexus between the current diagnoses and active service.

The Veteran's initial disability rating for right knee arthritis was granted at 20 percent from January 30, 2009 to September 15, 2020. The rating was denied higher than 20 percent from September 15, 2020 to May 11, 2021 and again from May 11, 2021 to August 5, 2021. A separate compensable rating for right knee extension limitation was also denied.

The Veteran's claim for hypertension has been newly granted. The claims for increased ratings of right ankle strain and left knee degenerative arthritis are being remanded.

The Veteran's hypertension, allergic rhinitis, and knee osteoarthritis are all rated at the minimum compensable level. The Veteran has been remanded for further development on issues related to carpal tunnel syndrome and TDIU.

The Board denied a rating in excess of 10 percent for the Veteran's left knee disability, finding that his symptoms do not meet or approximate the criteria for higher ratings based on limitation of motion.

The Veteran's appeal is remanded for additional development regarding his bilateral knee disabilities, including instability and total replacements.

The Veteran's claims for service connection for tooth loss, DMII, diabetic peripheral neuropathy of the bilateral lower extremities, osteoarthritis, and hypertension have all been denied. The Board found that there was no evidence of in-service exposure to Agent Orange or other herbicides, and thus the presumption of herbicide exposure does not apply.,The Veteran's service treatment records did not indicate any dental issues during service, nor were they diagnosed until many years after separation from service.