Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, lumbar spine disability (degenerative arthritis), bilateral lower extremity radiculopathy, left thigh varicosities, right thigh varicosities, and tinnitus, are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right knee disability, cervical spine disability, hemorrhoids, and chronic fatigue syndrome (due to Gulf War service). The decision also notes that the Veteran's claim for sinusitis is remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, and the Board has granted his TDIU claim.

The Board has ordered additional development to determine the etiology of the Veteran's back disability, including whether it is related to service or his service-connected disabilities.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination to assess the severity of his service-connected right knee disability and whether he experiences flare-ups.

The Veteran's low back disability is currently rated at 20 percent, effective January 30, 2013. The appeal for a higher rating remains in appellate status.

The Board has remanded the Veteran's claims for further development due to new evidence and inadequate medical opinions. The issues include TDIU, increased rating for cervical spine disability, service connection for right arm condition, left hand disability, and right hand disability.

The Board has granted payment or reimbursement for the cost of medical treatment received at Banner Del Webb Medical Center on October 15, 2011 due to a prudent layperson's expectation that immediate medical attention was necessary.

The Board partially vacated the April 2021 decision, granting a 20% rating for service-connected right ankle injury with degenerative changes without considering pre-service disability. The remaining issues are denied.

Entitlement to a higher rating for PTSD with associated depression and anxiety is denied. The Veteran's symptoms are more closely approximated by a 50 percent disability rating.,Entitlement to TDIU is denied as the evidence does not show that the Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation.

The Veteran's combination of service-connected disabilities required care and assistance on a regular basis to dress herself, prepare meals, keep herself clean and presentable, attend to the wants of nature, and protect her from the hazards or dangers inherent in her daily environment. As such, she is granted special monthly compensation based on the need for aid and attendance.

The Board has granted a 60 percent disability rating for the left knee disability from February 1, 2018. The Veteran's right hip and left hip disabilities are rated as noncompensable under Diagnostic Codes 5003-5252.

The Board has remanded the Veteran's claims for increased ratings for his right shoulder and COPD disabilities due to outstanding VA treatment records not yet obtained. The TDIU claim is also inextricably intertwined with these issues.

The Board has denied a rating in excess of 10 percent for the Veteran's degenerative arthritis of the right knee, finding that the evidence does not meet the criteria for such a higher rating.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disability, specifically his reported incapacitating episodes of IVDS. The Veteran is required to undergo a VA examination to provide updated information on his condition.

The Board has remanded the case due to an incomplete VA examination for the Veteran's right knee arthritis. A new examination is needed to assess the current severity of his service-connected disability.

The Veteran's appeals for increased ratings for his right hip disabilities were denied. The maximum schedular ratings under the applicable DCs have been awarded, and no extraschedular evaluations are warranted.

The Veteran's claims for an initial higher rating for his right knee disability, and the reopening of service connection claims for left knee and right ankle disorders are remanded due to pending VA treatment records.

The Veteran's service-connected intervertebral disc syndrome with lumbosacral degenerative arthritis and strain is rated at 40 percent, but no higher, throughout the appeal period.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected bilateral knee disabilities. The decision is pending on whether she also has a left shoulder disability that is related to her service-connected bilateral knee disabilities.