Osteoarthritis (degenerative arthritis) decisions — 2022

The Board has determined that the VA examination is inadequate and remands the case for a new examination to determine if the Veteran's bilateral knee disability is related to service.

The Veteran's TDIU claim is granted effective May 1, 2015. The Board has also remanded the issues of service connection for cervical spine disability and rating higher than 40 percent for nerve impairment associated with right shoulder impingement syndrome.

The Board has granted service connection for lumbar stenosis and degenerative arthritis, as well as bilateral lower extremity radiculopathy secondary to these conditions. The decision is based on the Veteran's in-service heavy lifting duties and his current diagnoses.

The Board has granted service connection for bilateral acromioclavicular joint osteoarthritis and rotator cuff tears, finding that the evidence is at least in equipoise regarding a finding that these conditions are caused by the Veteran's in-service weightlifting injury.

The Board has remanded the case due to inadequate examination and further development is required.

All issues on appeal are granted. Service connection is established for sleep apnea as secondary to service-connected PTSD, back disability (including arthritis due to trauma and degenerative arthritis), polycythemia (claimed as leukemia) due to presumed herbicide exposure from Gulf War service, and heart disability due to presumed herbicide exposure from Gulf War service.

All claims of increased rating and effective date have been dismissed as the Veteran withdrew his appeal in May 2022.

The Board has decided to remand the case due to inadequate VA opinion and potential missing medical records. The Veteran's claim for service connection for a back disability is being reviewed again.

The Board denied service connection for back, left hip, right hip, and left ankle disabilities as the Veteran's claimed conditions were not shown to be related to his active duty service.

The Veteran's claims for increased ratings for hiatal hernia with GERD, lumbar strain with spinal stenosis, disc bulge, and spondylosis, left knee patellofemoral compartment and pain syndrome, right knee osteoarthritis with patella femoral pain syndrome are being remanded due to the need for additional examinations.

The Veteran's degenerative arthritis of the thoracolumbar spine with spondylolisthesis is rated at 40 percent since September 1, 2009. The Board found that this rating adequately reflects his disability picture.

The Board has denied the Veteran's claims for service connection for lumbar spine multilevel disc disease and left hip osteoarthritis as secondary to his service-connected right knee osteoarthritis due to lack of evidence showing a causal relationship.

The Veteran's service-connected disabilities do not render him unemployable from February 22, 2020, to the present. The Board finds that his educational success and goal-oriented attitude demonstrate his ability to secure and follow substantially gainful employment despite his service-connected disabilities.

The Veteran's spine disability is being remanded for further development, including consideration of the earlier rating criteria. The TDIU claim is also remanded as it is inextricably intertwined with the spine disability claim.

The Veteran's service-connected disabilities have not prevented them from obtaining or maintaining gainful employment, and therefore the criteria for a TDIU are not met.

The Veteran's service-connected PTSD results in occupational and social impairment with reduced reliability and productivity, warranting a 50% disability rating. The right knee status post total knee replacement and left knee osteoarthritis are not related to service.

The Veteran's claim for a TDIU was denied as there is no evidence that he was unable to secure or follow a substantially gainful occupation due solely to his service-connected disabilities.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The claims are remanded for a VA examination to address whether her right hip and left knee disabilities are at least as likely as not proximately due or aggravated by her service-connected lumbar spine disability.

The Veteran withdrew his appeals for increased ratings and service connection, effectively dismissing all issues.

The Veteran's service-connected disabilities, including degenerative arthritis of the back and lower extremity radiculopathy, prevent him from securing or following a substantially gainful occupation. The Board has granted his TDIU claim.