Osteoarthritis (degenerative arthritis) decisions — 2021

The Board denied an initial rating in excess of 10 percent for limitation of extension of the right hip and denied entitlement to a higher rating for degenerative arthritis of the hip.,The claim for TDIU was granted from May 1, 2012, but not earlier.

The Board has granted service connection for right shoulder strain but denied service connection for right ankle degenerative arthritis.

The Veteran's claims for increased ratings and separate ratings were denied. The left knee DJD was rated at 10%, the left knee instability at 10%, and the lumbar spine degenerative arthritis at 40% prior to September 6, 2016, and at 50% thereafter.

The Veteran's left knee degenerative arthritis and total left knee arthroplasty are rated based on their respective conditions. The Veteran's service connection for tinnitus secondary to hypertension is remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment outside of a protected work environment, thus qualifying for a total disability rating based on individual unemployability.

The Board has determined that new and material evidence has been received for the claims of service connection for rheumatoid arthritis, osteoarthritis of bilateral upper extremities, and osteoarthritis of bilateral lower extremities. The claims are therefore reopened. Further evaluation is needed to determine if these conditions are related to active service.

The Veteran's left knee disability and skin disorder have been granted service connection.,However, the Veteran's claim for a rating in excess of 20 percent for his bilateral hearing loss has been denied.

The Veteran's claims for an increase in PTSD with depression, earlier effective date for service connection, and service connection for degenerative arthritis of the knees are all remanded due to pre-decisional duty to assist errors. The AOJ must obtain private treatment records from his mental health provider and arrange for a VA examination for his knee conditions.

The Veteran's TDIU claim is remanded due to a predecisional duty to assist error. A retrospective medical opinion is needed to assess the extent of his functional impairment from service-connected disabilities prior to February 13, 2020.

The Board has remanded the Veteran's claims for service connection due to insufficient examination opinions and a failure to obtain relevant medical records.

The Board has granted service connection for right shoulder strain, right hip osteoarthritis, right ankle strain, left ankle strain, tinnitus, and gastritis and GERD. The evidence supports the claims based on direct service connection.

The Veteran withdrew all remaining issues associated with this appeal, including service connection for loss of balance and increased ratings for various psychiatric and physical disabilities. The appeal is dismissed.

The Veteran's claims for increased ratings for degenerative arthritis of the spine and bilateral hearing loss, as well as his claim for TDIU are being remanded due to incomplete development.

The Board denied the Veteran's claims for service connection for a left foot disability, including achilles tendonitis, osteoarthritis, plantar fasciitis, and pes planus. The Board found that there was no evidence of a nexus between the current left foot disabilities and service or service-connected right foot conditions.

The Veteran's claim for an initial rating greater than 50 percent for major depressive disorder has been granted, effective October 15, 2018. The claims for service connection for a back disorder and left knee disorders have been reopened and remanded. The right knee osteoarthritis claim remains pending.

The Board has remanded several issues related to service connection for various conditions, including an acquired psychiatric disorder, COPD, bilateral hearing loss, and degenerative arthritis of multiple joints. The Veteran's claims are not reopened due to lack of new and material evidence.

The Veteran's claim for VR&E benefits was denied as he does not have an employment handicap and is therefore not in need of rehabilitation.

The Board denied service connection for cervical spine disability, finding that the Veteran did not have a chronic condition in service or during the applicable presumptive period. The Board also found no evidence of continuity of symptomatology since service and concluded that any current cervical spine disability is unrelated to service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has remanded the case for additional development, including a new VA examination to evaluate the Veteran's back disability and obtain relevant SSA records. The issues of entitlement to increased evaluations for service-connected disabilities and TDIU are being addressed.