Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional medical examination and records.

The Veteran's claim for service connection for hypertensive heart disease has been denied as there is no evidence of a current disability and the preponderance of the evidence does not support a finding that it was incurred in or aggravated by active service.,Service connection for left knee and right knee disabilities have also been denied. The VA examiner found no evidence of continuity or chronicity of any bilateral knee condition, and there is no indication that the Veteran is competent to etiologically link his symptoms to service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbar spine degenerative arthritis and service connection for right lower extremity radiculopathy due to inadequate examination findings.

The Veteran's tinnitus has been assigned a 10 percent rating, which is the maximum schedular rating authorized under the applicable criteria. The Board finds that an increased evaluation for tinnitus in excess of 10 percent is not warranted. For the remaining issues on appeal, the Veteran's right hip and knee conditions are remanded for additional development.

The Board has remanded several claims for additional development, including obtaining private treatment records and issuing a supplemental statement of the case (SSOC). The issues include ratings for various disabilities related to TBI, cervical spine, thoracolumbar spine, right shoulder, right knee, left carpal tunnel syndrome, right carpal tunnel syndrome, left thumb sprain, right thumb disability, left hip disability, right hip disability, eye disability, ulnar nerve paresthesias, ankle and wrist disabilities, nausea, constipation, and other conditions.

The Veteran's low back disability is currently rated at 40 percent, effective June 28, 2011. The Board has determined that a rating in excess of 40 percent for the low back disability from February 10, 2014 is warranted due to limitations on range of motion and functional loss.

The Veteran's initial claim for a higher evaluation for his lumbosacral degenerative disc disease, degenerative arthritis and spondylolisthesis of L5 on S1 was granted with an initial 20 percent rating prior to June 29, 2021. From that date onwards, the Veteran's condition does not meet the criteria for a higher evaluation.

The Board denied service connection for degenerative arthritis of the right shoulder, finding that there was no evidence of a chronic condition in service or within one year after discharge. The examiner concluded that the Veteran's current right shoulder disability is more likely age-related and not related to his military service.,For the right ankle disability, the Board denied service connection, stating that there were no complaints or findings of an ankle issue during active service or shortly after discharge. The x-ray showed a minor osteochondral lesion suggestive of tendonitis but did not establish a link to service.

The Veteran's claims for service connection for PTSD, alcohol abuse disorder, anxiety disorder, gout, back disorder, and neck disorder are all denied as there is no evidence of in-service injury or disease related to these conditions.

The Veteran's neck disability was initially rated at 10 percent prior to July 28, 2009 and increased to 20 percent effective July 28, 2009. The current rating of 20 percent is maintained.

The Veteran's hearing loss and malaria claims are remanded due to the need for additional examinations.,The Veteran's back disability, hand disability, hip disability, knee disability, numbness, tingling and weakness throughout body, and sinus disability claims are remanded due to the need for additional examinations.,,,,,,

The Veteran's headache disability, left knee disability (including PTSD as secondary), and PTSD are all granted. The Veteran is awarded a TDIU effective March 3, 2020, for his service-connected disabilities combined to exceed 60%. A separate rating of 100% for PTSD is granted beginning on March 3, 2020. Effective March 3, 2020, the Veteran also receives SMC under 38 U.S.C. § 1114(s).

The Board has remanded the Veteran's claim for a VA examination to evaluate her cervical spine disability, with particular focus on functional loss and pain. The case will be reviewed again after considering any additional evidence submitted by the Veteran.

The Veteran's asthma is granted as service connected. The issues of a separate compensable rating for ilio-hypogastric and/or ilio-inguinal neuropathy, service connection for plantar fasciitis, right knee degenerative arthritis (post meniscal repair), and left knee degenerative arthritis are remanded.

The Board has remanded this case due to its inextricability with the right hip claim, and it will be addressed again after the right hip claim is adjudicated.

The Board has remanded the cases for additional development due to worsening of the Veteran's service-connected right knee and right foot disabilities, as evidenced by his recent purchase of a brace. New VA examinations are needed to assess the current severity of these conditions.

The Veteran's claim for service connection for degenerative arthritis of the thoracolumbar spine is being remanded due to insufficient reasoning in the VA examination and lack of supporting rationale from the private opinion. The Board requests a supplemental VA medical opinion to address direct service connection, as well as secondary service connection by aggravation.

The Board has decided to remand the case for additional development due to insufficient examination findings, including a lack of non-weight-bearing and weight-bearing range of motion assessments. The Veteran may experience functional ankylosis during flare-ups.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete development of the record, including obtaining VA treatment records and employment information. The Veteran will also be scheduled for an examination to assess the severity of his service-connected knee disabilities.

The Board has determined that the VA medical examinations are inadequate and requires an addendum opinion to determine if the Veteran's right knee disability is related to his service.