Osteoarthritis (degenerative arthritis) decisions — 2021

The Board has decided that a remand is necessary to provide the Veteran with an adequate medical opinion addressing his lay evidence of record and clearly addressing his claimed condition.

The Veteran's appeals have been withdrawn, and all issues on appeal are dismissed.

The Veteran's back disability is rated at 40% effective March 19, 2021. The appeal for higher ratings prior to this date is denied.

The Veteran's claim for a higher rating for his low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent, as there was no evidence of forward flexion to 30 degrees or less, combined range of motion to 120 degrees or less, ankylosis, muscle spasm, or guarding resulting in abnormal gait/spinal contour. The Board also noted that the Veteran's IVDS did not require physician-prescribed bed rest.

The Board has decided to remand the case due to inadequate medical opinions and missing records. The Veteran's left wrist disability will need further examination and opinion.

The Board has granted a TDIU effective November 2, 2016. However, the Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to that date. The case is remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for further development and readjudication due to incomplete service treatment records, including those from her National Guard, Reserve, and Federal active duty service. The AOJ is instructed to attempt to obtain these records and provide new opinions regarding the etiology of the Veteran's lumbar spine disability, bilateral feet disabilities, and left ankle disability.

The Board has remanded the claims for mechanical low back pain syndrome and degenerative arthritis with degenerative disc disease of the lumbar spine, as well as the TDIU claim. The case must be reviewed by the AOJ to consider additional evidence.

The Board has granted service connection for a low back disability, finding that the Veteran's current diagnosis of degenerative arthritis is related to his in-service injury. The TDIU claim was withdrawn prior to the decision.

The Veteran's cervical spine, ankle, knee, hip, and shoulder conditions are being remanded for further development.,Specifically, the Board is requesting additional medical opinions to determine if these conditions are secondary to his service-connected lumbosacral strain.

The Board has remanded the Veteran's claims for higher ratings for his low back disability due to incomplete record development.

The Board has granted service connection for bilateral shoulder strain, a bilateral knee disability (claimed as chronic joint pain), a bilateral elbow disability (claimed as chronic joint pain), and a bilateral hand strain. The Veteran's bilateral foot disability is also granted.

The Veteran's left knee instability and osteoarthritis are being remanded for further examination to determine the extent of his disability, particularly during flare-ups. Additionally, a VA examination is needed to assess the collective impact of his disabilities on his employment.

The Veteran's service-connected pes planus with degenerative arthritis has not manifested functional impairment equivalent to pronounced flat feet, such as marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of tendo achilles on manipulation. The Board finds that the evidence does not support an initial rating in excess of 30 percent.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a TDIU from December 18, 2018. The issue of entitlement to a TDIU on an extraschedular basis prior to December 18, 2018 is remanded for referral to the Director of Compensation Service.

The Board previously denied the Veteran's claim for service connection for a right ankle condition. The U.S. Court of Appeals for Veterans Claims (CAVC) has ordered the case back to the Board for further development and readjudication due to an inadequate opinion in the January 2018 VA examination report.

The Board has remanded the claims of service connection for osteoarthritis and hysterectomy due to insufficient evidence. The claim for TDIU prior to October 21, 2008 is also being returned for further development.

The Board has remanded the Veteran's claims for increased ratings for his right and left hip osteoarthritis, as well as his residuals of bilateral hip replacements. The AOJ is required to obtain a retrospective VA medical opinion for the years 2015 and 2016, secure the December 2016 private surgical report for his left hip replacement surgery, and provide the Veteran with an opportunity to report for a new VA hip and thigh examination.

The Board has remanded the case due to insufficient development of records and a need for further consideration.

The Board has remanded the claims due to the need for additional development and examination of the Veteran's knee conditions.