Osteoarthritis (degenerative arthritis) decisions — 2022

The Board has restored the Veteran's 40 percent disability rating for his service-connected back disability, finding that there was no evidence of sustained improvement under ordinary life conditions.

The Board has remanded the claims for additional development due to an inadequate VA examination and failure to consider recent medical records.

The Board has remanded the Veteran's claims for service connection for osteoarthritis and hypertension due to a lack of evidence linking these conditions to his military service. The Veteran is required to provide additional evidence or undergo VA examinations to determine if there is a link between his current disorders and his period of service.

The Board has granted service connection for residuals of a right hip injury and left hip osteoarthritis, finding an approximate balance of positive and negative evidence regarding the claims.

The Board denied the Veteran's claim for service connection for a left hip disability, finding that there was no evidence of a nexus between his service-connected right ankle fracture and his current left hip condition. The Board also found that arthritis did not manifest within one year following service discharge.

The Veteran's initial rating for cervical spine disability was denied, but a 20 percent rating was granted for radiculopathy of the left upper extremity beginning January 31, 2018. The Veteran's initial rating for radiculopathy of the right upper extremity was also granted at this time, with a higher rating being denied thereafter. A 10 percent rating was granted for GERD with gastritis, hiatal hernia, and status post surgery Nissen repair fundoplication with surgical scars.

The Board has remanded the case due to concerns raised in a Joint Motion for Partial Remand, which requires further action consistent with the Court's decision. Specifically, the Veteran needs a new VA examination to address his functional loss during flare-ups and after repetitive use over time.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of the feet, and the claim was denied on the basis that there is no evidence of a chronic foot condition during service or since. For his anxiety disorder with TBI, the Board determined that the General Rating Formula for Mental Disorders (DC 9413) should be used, resulting in a 50% rating.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and evaluations of her back, knee, and shoulder conditions.

The Board has granted service connection for the Veteran's neck disability, including as secondary to his service-connected adjustment disorder. The Board found that the Veteran's current neck disability is at least as likely as not incurred in or caused by his active-duty service.

The Board has determined that the VA medical opinions obtained in December 2019 are inadequate for adjudication and remanded the cases for further development, including obtaining a new examination of the knees and etiology medical opinions.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that they are at least as likely as not incurred during his active duty service.

The Veteran's degenerative arthritis of the left hip was found to have started during service and is therefore granted as service connected.

The Veteran's left shoulder disability is currently rated at 30 percent, but the Board has remanded for further development. The Veteran's MDD from January 9, 2009, is granted at a 70 percent rating. TDIU from March 18, 2011 to March 19, 2012 remains pending.

The Veteran's thoracolumbar spine disability and sciatic radiculopathy of the lower extremities are rated at 10 percent prior to March 2, 2020, and in excess of 20 percent thereafter. The appeals for increased ratings are denied.

The Veteran's TDIU claim is dismissed because he has a combined 100% schedular rating for his service-connected disabilities and does not meet the criteria for special monthly compensation (SMC) at the housebound rate.

The Board has remanded the case due to lack of substantial compliance with prior remand directives regarding the Veteran's left knee disability.

The Veteran's claim for increased ratings for degenerative arthritis of the spine with IVDS and radiculopathy right lower extremity as secondary to his service-connected disability is being remanded due to inadequate examination findings. A new VA examination is needed to assess the severity of these conditions without considering the effects of medication.

The Veteran's claims for increased ratings and TDIU were remanded due to the complexity of his case, including the need to recharacterize issues on appeal. The Board found that the proper initial ratings assignable for the left knee and hip disorders are inextricably intertwined with the residuals of the left leg subtrochanteric fracture issue.

The Veteran's left knee disability, post-total replacement arthroplasty, is rated at 60 percent effective from November 1, 2013. A compensable rating for a scar associated with the total replacement was denied.