Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's service-connected degenerative arthritis of the spine with lumbosacral strain and intervertebral disc syndrome is rated at 40 percent effective June 20, 2017.

The Veteran's low back disability is found to be related to service, and he meets the criteria for TDIU from May 26, 2016 onwards.

The Board denied the Veteran's claim for service connection for a right foot disability, finding that her condition did not manifest during active service and there is no indication it was caused or aggravated by service-connected left foot disability.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative arthritis, a compensable rating for bilateral hearing loss, and a rating for his right index finger scar were all denied by the Board.

The Veteran's back disability was granted a 40% rating from February 29, 2016 to August 11, 2018. The right and left sciatic nerve impingement were not granted initial ratings in excess of 40%. Other issues remain pending.

The Veteran's claim for service connection for degenerative arthritis of the feet associated with heel spurs is granted. The Board finds that his bilateral pes planus and plantar fasciitis are not related to his military service, but he is granted service connection for these conditions due to continuity of symptoms since service.

The Board has remanded the Veteran's claims for service connection and rating of his lumbosacral spine, right hip, and ruptured diaphragm repair scar disabilities due to incomplete records and need for further medical examination.

The Board has remanded the Veteran's claims for increased ratings and temporary total evaluations due to inconsistencies in his cervical spine disability rating, as well as the need for additional evidence regarding physical therapy records. The Veteran is also seeking a higher rating for right upper extremity radiculopathy.

The Veteran's back disability is granted service connection and a compensable rating for hypertension is remanded.

The Veteran's claims for increased ratings for various knee and hip conditions have been denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable rating criteria.

The Board has granted service connection for the Veteran's right knee disability (degenerative arthritis and meniscal tear) and left knee disability (degenerative arthritis and internal derangement), finding that both disabilities are at least as likely as not due to or aggravated by his service-connected right knee disability. The decision is based on the Veteran's in-service injury, continuity of symptoms, and medical opinion.

The Veteran's appeal for a rating in excess of 10 percent prior to February 21, 2014; in excess of 20 percent from February 21, 2014 to January 10, 2018 and in excess of 40 percent from January 11, 2018 for lumbosacral spine degenerative arthritis and disc herniation has been dismissed due to the Veteran's death.

The Board has denied the Veteran's claims of service connection for left and right thumb degenerative arthritis, finding that there is no evidence linking these conditions to his military service.

The Veteran is service-connected for multiple disabilities, including PTSD, cervical and lumbar spine conditions, and musculoskeletal issues. The Board found that the combination of these disabilities renders him unemployable but not solely due to any single disability. Therefore, he does not meet the criteria for SMC under 38 U.S.C. § 1114(s).

The Board has granted service connection for osteopenia, but the remaining issues on appeal are remanded due to insufficient medical opinions and missing records.

The Veteran's claims for increased ratings for diabetes mellitus and right ankle degenerative arthritis were denied. The Board found that the Veteran's diabetes did not require regulation of activities, while his right ankle arthritis did not meet the criteria for a higher rating under either the old or new Diagnostic Code 5271.

The Board has found that the medical opinions obtained by the AOJ are inadequate for adjudicative purposes and therefore, a further remand is necessary to allow the Veteran to fully develop his claims.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected headaches and degenerative arthritis of the cervical spine. The issues regarding homonymous quadrantanopsia, headaches, and degenerative arthritis of the cervical spine are remanded.

The Veteran's bilateral plantar fasciitis and hypertension have been granted initial ratings. The issue of service connection for bilateral hearing loss is remanded, as are the issues of increased rating for GERD.

The Board dismissed the referral of a claim for clear and unmistakable error in a 1995 rating decision because the July 1995 hearing officer decision was not final, and therefore could not be subject to a collateral attack on the basis of CUE.