Osteoarthritis (degenerative arthritis) decisions — 2021

The Board has dismissed the Veteran's claims for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine and for a total disability rating based on individual unemployability (TDIU) for the period prior to November 9, 2018. The Veteran withdrew his appeals.

The Board has remanded the case due to insufficient compliance with previous remand directives. The cervical spine strain claim is denied as there is no evidence of a current disability or in-service incurrence.

The Veteran's cervical spine disability was rated at 20 percent prior to September 12, 2021 and increased to 30 percent thereafter. The claim for TDIU has been granted.,The initial rating of 20 percent for the cervical spine disability is denied as it does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and there is no reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection and increased ratings due to outstanding treatment records.

The Board denied service connection for a back disability, finding that the evidence did not support a link between the condition and active service or any other compensable conditions.

The Board has found that remand is warranted for the Veteran's knee disabilities and hemorrhoids due to missing VA treatment records, lack of recent private medical records, and inadequate September 2015 VA examination. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the rating assigned for the Veteran's service-connected knee disabilities and hemorrhoids.

The Board has remanded the claims for further development due to incomplete compliance with prior remand directives and need for new VA examinations.

The Board has ordered additional VA examinations to resolve discrepancies in the medical opinions regarding the Veteran's left knee disabilities. The claims for increased ratings and effective date are being remanded due to incomplete record development, including the need to obtain OPM disability retirement records.

The Board has requested a VA ankle examination to assess the current severity of the Veteran's right ankle disability, including during flare-ups. The examiner is instructed to provide ranges of motion and address additional loss of function due to painful motion, weakened motion, excess motion, fatigability, incoordination, or on flare up.

The Veteran's appeal is remanded for further examination and evaluation of his service-connected degenerative arthritis of the spine, right patellofemoral pain syndrome, and left patellofemoral pain syndrome. The rating criteria have been amended effective February 7, 2021.

The Veteran's left knee osteoarthritis is found to have started during service, and the Board grants service connection for this condition.

The Veteran's left knee disability, characterized by pain and limited flexion to no more than 80 degrees with flare-ups, was found not to warrant a rating in excess of the current 10 percent.

The Veteran's right thumb disability is granted an initial rating of 20 percent, effective from the date of decision. The March 12, 2021 surgery for right thumb arthrodesis and de Quervain's tenosynovitis release results in a temporary total rating. Service connection for back disability is denied.

The Board has decided to remand the case due to lack of substantial compliance with a prior remand directive and will require another examination to assess additional loss of range of motion from flare-ups and repeat use over time.

The Veteran's right upper extremity radiculopathy was not manifested by symptoms of greater than slight incomplete paralysis prior to June 28, 2021. From that date, the evidence is at least in equipoise as to whether he met criteria for a higher evaluation.,Prior to June 28, 2021, the Veteran's cervical spine disability was manifested by forward flexion of 35 degrees and muscle spasm resulting in abnormal gait or spinal contour. Beginning that date, his disability was manifested by forward flexion of 55 degrees with muscle spasm.

The Board has granted service connection for degenerative arthritis and degenerative disc disease of the lumbar spine with mild scoliosis, finding that the Veteran's current disability is related to his active duty service.

The Veteran's initial 20 percent rating for degenerative arthritis of the thoracolumbar spine is granted, and his initial 30 percent rating for painful abdominal scars is granted prior to November 25, 2016. The appeal regarding deep/nonlinear abdominal scars and superficial/nonlinear abdominal scars is not addressed as they are denied.

The Veteran's right shoulder and left shoulder disabilities, currently diagnosed as glenohumeral joint osteoarthritis, are granted service connection.,The Veteran's right clavicle and left clavicle disabilities, currently diagnosed as acromioclavicular joint osteoarthritis and degenerative arthritis, are also granted service connection.

The Board has remanded the Veteran's claims for left knee osteoarthritis and left eye disability due to inadequate development in previous examinations.