Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's appeals for increased ratings of PTSD, ischemic optic neuropathy, coronary artery disease, degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have been dismissed as withdrawn.,The Veteran's appeal for service connection for an anxiety disorder has also been dismissed as withdrawn.,Beginning May 18, 2018, the Veteran is in receipt of a total schedular rating due to his service-connected disabilities. The issue of entitlement to TDIU beginning May 18, 2018, was dismissed as moot.

The Veteran's left knee osteoarthritis did not meet the criteria for a compensable disability rating, as there was no evidence of limited motion with findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. The noncompensable rating remains in effect.

The Board denied service connection for degenerative arthritis of the right knee with total knee replacement, finding that there was no chronic in-service injury or disease and no evidence of a relationship to service.

The Veteran's claim for a 20 percent rating for chronic anterior wedge compression L1 and T1 vertebra and DDD T12-S1 with mild central stenosis and posteriorlisthesis at L4 on L5 was granted effective August 9, 2016.,Effective October 31, 2018, the Veteran received separate ratings for radiculopathy of the right lower extremity and left lower extremity.

The Veteran's claim for an increased disability rating of 40 percent for degenerative arthritis of the lumbar spine is granted. The claims for service connection and TDIU are remanded.

The Veteran's right shoulder disability, characterized by a full thickness rotator cuff tear and acromioclavicular joint osteoarthritis, has been rated at 30 percent since October 19, 2017. The Board also granted TDIU based on the severity of his service-connected disabilities.

The Veteran's degenerative disc disease of the lumbar spine with current compression fractures T12 through L4 is granted as service connected. The issue of secondary service connection for bilateral hip osteoarthritis (claimed as segmental and somatic dysfunction of pelvic) to include as secondary to degenerative disc disease of the lumbar spine with current compression fractures T12 through L4, claimed as back condition, is remanded.

The Veteran's claims for increased ratings and effective dates related to his cervical spine disability are being remanded due to the need for additional medical examinations.,The Veteran's claims for service connection of low back, bilateral knee, and bilateral foot disabilities are also being remanded as VA examinations were inadequate.

The Veteran's bilateral hearing loss and tinnitus have been rated as noncompensable, and the Board finds no legal basis for a higher rating.,The Veteran's service-connected hypertension and ED are not service connected. The RO is instructed to obtain medical opinions addressing whether these conditions were incurred in service or caused by his service-connected disabilities.

The Veteran's back disability and bilateral lower extremity radiculopathy are granted service connection. The rating reduction for postural orthostatic tachycardia syndrome is remanded, as well as the effective date determination.

The Board denied the Veteran's claims for service connection for right shoulder and left knee/leg disabilities, finding that there was no evidence of a current disability related to his active military service or service-connected conditions.,The Board also found that the Veteran's current right shoulder degenerative joint disease is not directly related to his service, nor is it proximately due to or aggravated by his service-connected left shoulder condition.

The Veteran's GERD is rated 10 percent disabling, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's left knee strain with instability and shin splints, left knee strain with limitation of flexion, right knee strain with instability and shin splints, and right knee strain with limitation of flexion are all rated 10 percent disabling. The Board finds that additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's left ankle sprain and right ankle sprain are both rated 10 percent disabling. Additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's low back strain with degenerative arthritis is rated 20 percent disabling, but the Board finds that additional evidence is needed to determine if this rating is appropriate.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both rated 10 percent disabling. Additional evidence is needed to determine if these ratings are appropriate.

The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, as determined by the VA examiners.

The Board has remanded the claims for a recurrent right elbow disability, a right-hand disability, and a left hip disability due to insufficient examination reports. The Veteran's service-connected lumbosacral strain rating is also being remanded.

The Board has granted effective dates of September 1, 1992 for service connection of back disability and right foot disability. The claims for increased ratings are remanded due to the need for additional evidence.

The Board has remanded the case for additional development, including a new examination to assess the severity of the Veteran's right knee condition and its impact on his ability to work. The issues of increased rating for right knee osteoarthritis and TDIU are inextricably intertwined.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with DDD and IVDS, bilateral lower extremity radiculopathy of the sciatic nerve, and bilateral lower extremity radiculopathy of the femoral nerve, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU based on these service-connected disabilities.

The Board has determined that the Veteran meets the criteria for VR&E benefits, other than employment services, to include training in pursuit of a career as an attorney. The decision is based on the Veteran's service-connected disabilities and his vocational goal.

The Veteran's claim for a higher disability rating for his lumbar spine disability is remanded due to the need for updated VA treatment records and an examination.

The Veteran's service-connected conditions have been denied, with the exception of a low back disability which has been granted. The remaining issues related to right thumb, index finger, great toe and foot condition, and dermatitis were not supported by evidence.