Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and referral for extraschedular consideration is not warranted as his employment issues are due to nonservice-connected factors.

The Veteran's cervical spine disorder is rated at 30 percent, effective from February 25, 2021. The left upper extremity radiculopathy is also rated at 30 percent.

The Veteran's degenerative arthritis of the right and left knees are each rated at 10 percent, which is the maximum schedular rating available for these disabilities.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's left foot disorders are aggravated by his service-connected right foot condition.

The Veteran's left knee disability was evaluated at March 2016 and December 2017 VA examinations. The Board finds that a new VA examination is necessary to determine the current extent and severity of his left knee disability.

The Board has granted a rating of 40 percent for the Veteran's left shoulder disability with degenerative joint disease as of January 23, 2017. A separate rating of 20 percent is also granted for recurrent dislocations of the major arm at scapulohumeral joint.

The Veteran's left knee disability, characterized by lateral instability and patellofemoral pain syndrome with degenerative arthritis, has been granted an initial non-compensable rating. The effective date is not specified.

The Veteran's left knee osteoarthritis is granted as secondary to his service-connected right knee disability. The rating for PTSD remains at 70 percent.

The Board has denied service connection for Multiple Sclerosis, finding that the evidence does not support a finding of direct service connection. The Veteran's claim for TDIU is granted.

The Veteran's back disability is rated at 40 percent effective August 19, 2011. The initial compensable rating for erectile dysfunction and the initial ratings in excess of 40 percent for left and right lower extremity radiculopathy are denied. A TDIU is granted.

The Veteran's service connection claims for recurrent bilateral cerumen impaction, vitamin D deficiency, left and right foot ingrown toenails, boutonniere deformity of the right 5th digit, allergic rhinitis, external hemorrhoids, hypertension, right knee instability, left knee instability, right knee osteoarthritis, and left knee osteoarthritis have been granted. The Veteran's service connection claims for initial compensable rating for hypertension, initial 20 percent rating for right knee instability prior to September 21, 2020, initial 30 percent rating for right knee instability from September 21, 2020, initial 20 percent rating for left knee instability prior to September 21, 2020, and initial 30 percent rating for left knee instability from September 21, 2020 have been granted. The Veteran's service connection claims for right knee osteoarthritis and left knee osteoarthritis have not been granted.

The Veteran's left knee instability is granted a rating of 20%, but the lumbar spine degenerative arthritis remains at 20%.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for osteoarthritis of the lumbar spine prior to August 1, 2017, and on and after that date. The remand is due to the need for new VA examinations as per Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has granted the Veteran's claim for service connection for left knee osteoarthritis, status post arthroscopic surgery. The decision is based on evidence showing that his current condition is at least as likely as not related to in-service injuries.

The Veteran's right shoulder disability is rated at 30 percent, effective September 20, 2019. His spinal degenerative arthritis remains at a 40 percent rating.

The Veteran's claims for increased ratings of the bilateral knees and right ankle are being remanded due to a lack of substantial compliance with previous Board directives regarding the period prior to December 2018 in regard to the Veteran’s functional limitations during periods of flare-ups.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his case is referred to the Director of Compensation Service for consideration as to whether he is unable to secure and follow a substantially gainful occupation due to these conditions.

The Veteran's claims for cervical spine, lumbar spine, and respiratory disabilities have been remanded due to the need for additional evidence.,New claims for bilateral sensorineural hearing loss, tinnitus, acquired psychiatric disability (claimed as posttraumatic stress disorder with alcohol use dependence), heart disability (claimed as ischemic heart disease and/or residuals of stroke), hypertension, and TDIU are also being remanded.

The Board has denied the Veteran's claims of service connection for right and left hip disorders, finding that there is no evidence to support a nexus between his current hip conditions and active duty service.

The Veteran's service connection for residuals of a low back injury, diagnosed as degenerative arthritis, was granted. A 10% rating was granted for the healed left proximal radial head fracture prior to March 10, 2020.,A denial was issued for a higher rating for the healed left proximal radial head fracture beginning March 10, 2020.