Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's service-connected disabilities, including chronic sinusitis, psychiatric disability, low back disability, right knee disability, and tinnitus, do not render him incapable of securing or following substantially gainful employment prior to July 3, 2017. The Board found that the evidence does not support an exceptional situation preventing gainful employment due to his service-connected conditions.

The Board has determined that the Veteran's current back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's insomnia is currently rated at 50 percent, which does not meet the criteria for a higher rating.,Both hip disabilities are currently rated at 20 percent each. The evidence does not support an increase in these ratings as there is no indication of ankylosis or other severe impairment.

The Veteran's service-connected left and right ankle sprain with degenerative arthritis, as well as patella tendonitis with history of Osgood-Schlatter disease of the right knee, are each rated at 20 percent disabling. The appeal is granted.

The Board has granted service connection for a left foot disability, including hammer toes, pes planus, degenerative arthritis of the foot, plantar fasciitis, and calcaneal heel spur, as secondary to the Veteran's service-connected postoperative chondrosarcoma, right femur with metallic prosthesis of proximal shaft and head.

The Board has remanded the case for further development, including referral to the Director of Compensation Service for a determination on entitlement to TDIU on an extraschedular basis prior to November 19, 2015.

The Board has granted service connection for bilateral knee osteoarthritis and bilateral tinnitus, finding that these conditions are related to the Veteran's military service.

The Veteran's claims for increased evaluations of his right and left knee disabilities have been denied. The RO assigned a temporary total evaluation based on surgical treatments necessitating convalescence for the right and left knees, effective from December 8, 2016, to February 1, 2017, and October 1, 2019, respectively. He was also granted service connection for bilateral hearing loss in June 2020.

The Veteran's initial 10 percent rating for left hip limitation of rotation and adduction from March 2, 2020 is granted. The initial compensable rating for his service-connected left hip limitation of flexion is denied.

The Veteran's right knee disability has been rated at 10% since July 1, 2013. A separate 10% rating was granted from January 25, 2019.,Right ankle and left ankle disabilities have not met the criteria for a higher rating under current VA regulations.,The Veteran's right foot disability has been rated at 10% since July 1, 2013. No higher rating is warranted due to lack of evidence of more severe impairment.,The Veteran's left foot disability has also been rated at 10% since July 1, 2013. No higher rating is warranted.

The Board has decided to remand the case due to lack of substantial compliance with prior remand directives regarding a retrospective medical opinion for the Veteran's right shoulder disability.

The Board has remanded the cases for further examination and rating determinations due to inadequate prior examinations. The issues are inextricably intertwined with TDIU.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims, including obtaining medical opinions regarding his service-connected disabilities and their impact on his ability to perform activities of daily living.

The Board has denied the Veteran's claim for service connection for a left knee disability, finding that there is no evidence of chronicity in service and noting that his current condition did not manifest within one year post-service. The VA examiner concluded that the Veteran's left knee disability was less likely related to service.

The Board has dismissed the appeals for initial compensable rating for right knee scars and increased rating for degenerative arthritis of the left knee due to the Veteran's death.

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

The Veteran's left knee disability is currently rated at 20 percent for patella chondromalacia with degenerative arthritis. The Board has found the VA examinations from February, June, and November 2018 to be inadequate due to lack of goniometer use in range of motion testing. The appeal is remanded as there are issues regarding increased ratings for both knees.

The Board has granted service connection for a right knee disability secondary to the Veteran's service-connected left knee disability. The effective date of this grant is not specified as it was based on new evidence received after the original denial.

The Veteran's claims for increased ratings of his right and left knee conditions have been denied. The Board found that the evidence did not support higher ratings based on arthritis, ankylosis, or instability.