Osteoarthritis (degenerative arthritis) decisions — 2021

The Veteran's thoracolumbar spine DDD and strain with scoliosis were granted a 20 percent disability rating prior to July 24, 2017. From that date forward, the claim for an increased rating was denied.

The Board has granted service connection for residuals of a low back injury and degenerative arthritis, but denied service connection for a cervical spine disability. The low back condition is presumed to have existed prior to service and was aggravated by an in-service pool injury.

The Veteran's IBS was denied a compensable evaluation from June 13, 2010 to September 27, 2019.,An increased evaluation in excess of 30 percent for IBS since September 27, 2019 was also denied.

The Veteran's claims for increased ratings for sinusitis and degenerative arthritis of the lumbar spine prior to January 7, 2014 were denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has denied service connection for lower back and left hip disabilities, finding that the evidence does not support a finding of in-service onset or relationship to service. The right knee and left knee issues are remanded for further examination.

The Board has remanded the cases of rating greater than 10 percent for left knee instability and osteoarthritis due to insufficient range of motion testing in the previous examination.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Board denied compensation for additional disabilities of the bilateral knees, finding that there was no evidence to support a claim based on negligence or carelessness by VA medical personnel.

The Veteran's cervical spine disability, osteoarthritis of the left knee, and osteoarthritis of the right knee are not service-connected. However, frostbite residuals of the bilateral feet have been granted as a result of new evidence submitted after reopening the claim.

The Board restored the Veteran's prior disability rating of 40% for his lumbar spine disability, effective January 1, 2015.

The Veteran's left knee subluxation is granted with a separate rating of 10 percent, effective from November 28, 2014. The ratings for his left knee patellar tendonitis and degenerative arthritis as well as his lumbar spine sprain are denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including its onset and relationship to service.

The Board has remanded the claims for right and left knee instability and osteoarthritis due to outstanding VA and private treatment records.

The Veteran's right knee degenerative arthritis with retropatellar pain syndrome and left knee degenerative arthritis are granted increased disability ratings, effective as of January 30, 2020. The effective date for the right knee meniscal tear is set at June 15, 2012, and for the left knee meniscal tear at September 5, 2018.

The Veteran's initial evaluations for left and right knee disabilities have been denied as they do not meet the criteria for an evaluation in excess of 10 percent.,The Veteran's claim for a higher rating for her right knee instability has also been denied.

The Veteran's psychiatric disabilities, including unspecified depressive disorder with anxious distress, alcohol use disorder, and cannabis use disorder, are granted as service connected. The back disability is denied due to lack of evidence linking it to in-service injury.

The Veteran's claim for service connection for chronic low back pain (osteoarthritis of the lumbar spine) was denied as there is no evidence linking his current condition to his military service.,Service connection for defective vision, including nearsightedness with spots on the retinas, was also denied due to lack of a diagnosed disability at separation and insufficient medical evidence connecting any visual defect to service.

The Veteran's claims for increased ratings for degenerative arthritis of the cervical spine, tendonitis of the left shoulder, and tendonitis of the right shoulder were denied. The current ratings are 10% for the cervical spine prior to October 27, 2014, and 20% thereafter; 20% for the left shoulder; and, 20% for the right shoulder.

The Board has denied a higher disability evaluation for the Veteran's service-connected lumbosacral strain with degenerative arthritis and IVDS, but has remanded her claim for entitlement to TDIU due to service-connected disabilities.

The Veteran's left knee disability, characterized by painful noncompensable motion, has not met the criteria for a rating higher than 10 percent.