Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's left knee disability is rated as 10 percent disabling for degenerative arthritis and 20 percent disabling for instability, effective October 15, 2012, and February 7, 2021 respectively. The appeal is granted for the higher rating.

The Board denied service connection for osteoarthritis of the bilateral hips, knees, and shoulders as there was no evidence linking these conditions to service or a service-connected disability.

The Board has granted service connection for tinnitus. The claims for increased evaluations of lumbar strain and right knee disabilities, as well as the claim for service connection for migraines, are remanded due to insufficient evidence.

The Board has determined that additional development is needed for the issues of increased evaluations for service-connected TBI and cervical spine disability, as well as the issue of a total disability rating based on individual unemployability (TDIU). The case will be returned to the Board after completion of this development.

The Veteran is granted TDIU and SMC at the housebound rate due to service-connected disabilities, effective July 19, 2018.

The Veteran's appeal for an effective date prior to May 29, 2018, for the grant of service connection for degenerative arthritis of the spine has been withdrawn. The claim for a rating in excess of 20 percent prior to September 11, 2020, and in excess of 40 percent thereafter, for degenerative arthritis of the spine is being remanded.

The Veteran's degenerative arthritis of the lumbosacral spine is granted a 40 percent initial rating, but no higher, effective August 17, 2017.

The Veteran's claims for higher initial ratings for cervical spine disability, lumbar spine disability, and left lower extremity radiculopathy of the sciatic nerve prior to December 6, 2013 were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA regulations.

The Board denied the Veteran's claims for service connection for left knee degenerative arthritis and patellofemoral pain syndrome, finding that there was no evidence of a chronic condition with continuity of symptomology during active duty service.

The Veteran's left ankle condition, including achilles tendonitis and degenerative arthritis, was not shown as chronic in service or related to an in-service injury. The Board denied service connection for this condition.,There is no evidence of a current residual of the right eye chemical burn by exposure to jet fuel. Service connection for residuals of the right eye chemical burn was denied.,The Veteran's neck disability, presumed due to his service-connected spinal condition, was not shown as chronic in service or related to an in-service injury. The Board remanded this issue.

The Board found that the discontinuance of VA VR&E benefits under Chapter 31, Title 38, United States Code was proper due to the Veteran's unsatisfactory conduct and cooperation in his rehabilitation program.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations. The claim for service connection for bilateral hearing loss has been reopened, but not yet decided.

The Veteran's appeal for service connection for asthma has been dismissed due to his withdrawal of the appeal. The Board has remanded several other issues related to various disorders, including headaches, bilateral eye disorder, chronic sinusitis, skin disorder, neck disorder, upper back muscular disorder, left elbow disorder, left wrist disorder, right wrist disorder, left hand disorder, right hand disorder, left hip disorder, right hip disorder, left leg shin splints, right leg shin splints, and left foot disorder. The Veteran's service connection claims for PTSD, sleep apnea, tinnitus, degenerative arthritis of the lumbar spine, left knee patellar chondromalacia, and right knee patellar chondromalacia have also been remanded.

The Board has remanded the cases due to inadequate examination and need for additional development, including a new VA examination.

The Veteran's claims for service connection for degenerative arthritis of the cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy have been granted. The Board found a link between these conditions and his military service.

The Board has decided to remand the Veteran's claim of service connection for a back disability due to outstanding records and insufficient evidence. The case will be returned for further development, including obtaining STRs, private treatment records, and scheduling an examination.

The Veteran's service-connected disabilities rendered him unemployable from June 5, 2017, to February 21, 2018. The Board granted TDIU during this period.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's degenerative arthritis of the spine. The claim will be reconsidered after a new VA examination.

The Veteran's claim for an initial disability rating in excess of 10 percent for residuals of tibia fracture with mild patellofemoral compartment osteoarthritis in the left lower extremity is being remanded due to incomplete development. The VA has not obtained updated VA medical records from the most recent treatment date provided.

The Veteran's claim for an initial rating in excess of 40 percent for degenerative arthritis of the lumbar spine with scoliosis is denied. The evidence does not support a higher rating as there has been no diagnosis of ankylosis or IVDS with incapacitating episodes.