Osteoarthritis (degenerative arthritis) decisions — 2021

The Board has dismissed all the Veteran's claims as the appellant withdrew his appeal prior to a decision being made.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and SSA disability determination. The Veteran will be scheduled for VA examinations to address his claimed conditions.

The Veteran's back disorder was granted a 40 percent rating from April 21, 2021.,Separate ratings of 10 and 20 percent were granted for sciatic nerve radiculopathy affecting the left and right lower extremities respectively.

The Veteran's appeals for a higher rating and TDIU prior to May 28, 2015 have been dismissed as the accredited representative withdrew these appeals in their entirety.

The Veteran's claims for increased ratings for knee osteoarthritis were denied. A TDIU was granted from March 15, 2012.

The Board has granted a TDIU effective December 11, 2010 due to the Veteran's service-connected disabilities. The remaining issues of service connection for left ankle degenerative arthritis and left wrist fracture are remanded.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no nexus between his current degenerative arthritis and his active duty service.

The Board has denied the Veteran's claims for service connection for right foot, ankle, knee, and fibula disabilities due to a lack of evidence showing an in-service injury or disease that is related to these conditions.

The Veteran's claim for service connection for tinnitus is granted, with the Board finding that the evidence in equipoise as to whether it had its onset during active duty service.,The Veteran's claim for service connection for PTSD is remanded due to inadequate VA examinations from April and May 2019. The Court held that these examinations did not fully consider the Veteran's prior medical history, particularly his conceded in-service stressor of a mountain bike accident.

The Veteran's service-connected right and left lower extremity disabilities have resulted in permanent loss of use of both feet, qualifying him for financial assistance to purchase an automobile or adaptive equipment.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of a current disability meeting the regulatory requirements.,Service connection for migraine headaches was denied due to lack of in-service disease or injury and failure to establish a causal relationship with service-connected conditions.

The Veteran's claims for increased ratings for his right thumb, knee instability, and knee degenerative arthritis disabilities are being remanded due to the need for additional examination and opinion regarding functional loss during flare-ups.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities did not meet the schedular criteria and he was gainfully employed throughout the relevant period.

The Veteran's service-connected diverticulitis, left knee osteoarthritis (status post ACL repair), and incisional hernia have been granted initial ratings of 10 percent each. The Veteran does not meet the criteria for higher ratings at any time during the period under review.

The Veteran's lumbosacral spondylosis with degenerative disc disease, intervertebral disc syndrome and degenerative arthritis was granted a 10% rating for the appeal period prior to April 1, 2016. For the appeal period beginning on April 1, 2016, he is granted a 40% rating.

The Board denied service connection for degenerative arthritis of the spine, finding that there was no evidence of a chronic disease shown as such in service or within one year after separation from service. The Veteran's back pain during boot camp in 1982 did not result in any diagnosis or treatment for degenerative arthritis of the spine at the time.

The Veteran's right knee instability with muscle atrophy is granted a 30 percent rating prior to January 8, 2021. A higher rating for the period beginning January 8, 2021 is denied. The Veteran is granted SMC based on aid and attendance/housebound. TDIU is also granted.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service-connected disabilities and their impact on his ability to work, as well as his need for aid and attendance or housebound status. The Veteran will be required to provide updated employment history and undergo VA examinations to determine these matters.

The Veteran is granted SMC based on aid and attendance from January 30, 2019 onward. The issue of entitlement to SMC based on aid and attendance or housebound benefits from July 12, 2011 to January 29, 2019 is remanded.,The Veteran's claim for SMC T (based on a higher level of SMC under subsection (t)) has been reasonably raised by the record. The issue of entitlement to SMC based on aid and attendance from July 12, 2011 to January 29, 2019 is remanded.,The earlier effective date for radiculopathy of the upper extremities prior to February 9, 2021 remains pending.

The Veteran's claims for increased ratings for cervical spine, left ankle, right ankle, and left wrist disabilities are remanded due to the need for additional examinations and evaluations.