Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU prior to August 16, 2019. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for a compensable disability rating prior to November 29, 2012, and in excess of 20 percent thereafter for right acromioclavicular joint osteoarthritis, status post distal clavicle resection with dislocation. The claims are also remanded for a disability rating in excess of 20 percent prior to July 15, 2019, and after November 1, 2019.

The Veteran's jaw, elbow, hand, hip, knee, and shoulder disorders are found to be related to his active military service.

The Veteran's left shoulder disability with degenerative arthritis, right shoulder disability with degenerative arthritis and labral tear and tendinopathy, and right knee disability with degenerative arthritis have been granted service connection.,The Veteran's entitlement to service connection for a left knee disability remains pending.

The Veteran's claim for a 30 percent rating for PTSD prior to December 23, 2019 is granted. The claim for an increased rating for PTSD after December 23, 2019 is denied.

The Board denied the Veteran's claims for service connection for various disabilities, including right elbow, left ankle, and right ankle disabilities. The Board found that there was no evidence of a chronic disability during active duty or related to in-service injuries.,Service connection was also denied for left hip, right hip, right knee, and left foot disabilities due to lack of a causal relationship with service-connected conditions.

The Board has determined that the VA examination opinions are not adequate to decide the claims and has ordered additional development, including obtaining updated medical records and requesting an opinion from a VA examiner regarding the nature and etiology of the Veteran's thoracolumbar spine condition.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability, finding that his range of motion was limited to 55 degrees flexion and zero degrees extension without ankylosis or other severe impairment.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.

The Board has granted service connection for the Veteran's left hip osteoarthritis, finding that it had its onset during his military service.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's lumbar spine conditions, including his service connection claim.

The Board found that the reduction in disability rating for bilateral hearing loss from 50% to 40% was proper, as there was actual improvement demonstrated by a contemporaneous VA examination. The reduction of the lumbar spine disability rating from 40% to 20% was not proper due to lack of evidence showing sustained material improvement under ordinary conditions of life and work.

The Veteran's prostate cancer was granted service connection effective October 27, 2020.,Service connection for lumbosacral strain degenerative disc disease, intervertebral disc syndrome, and degenerative arthritis with spinal stenosis was granted effective December 30, 2016. The Veteran's radiculopathy of the right lower extremity (sciatic nerve) and left lower extremity (sciatic nerve), as well as his radiculopathy of the right lower extremity (femoral nerve) and left lower extremity (femoral nerve), were all granted service connection effective December 30, 2016.,The Veteran's prostate cancer is rated at 100% since October 27, 2020.

The Veteran's appeals for higher disability ratings for cervical spine disability and LUE radiculopathy have been dismissed as the VA Form 10182 submitted did not clearly identify specific issues to appeal.

The Board has granted service connection for left and right knee severe osteoarthritis, finding that the Veteran's current conditions are related to his active military service.

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment during the period of appeal.

The Board has dismissed the appeals for service connection of back, right knee, and left knee disabilities due to the Veteran's death.

The Veteran's left knee disability, including meniscal tear and osteoarthritis, is currently rated at 10 percent for instability. The Board finds that a higher rating is not warranted as the flexion limitation does not meet the criteria for a greater rating under DCs 5260 or 5261.

The Veteran's claims for increased ratings for PTSD, right hip strain, left knee degenerative arthritis, and right knee degenerative arthritis are being remanded due to the failure of the Veteran to report for scheduled VA examinations.

The Veteran's claim for service connection for fibromyalgia, left great toe disability, and low back disability was granted. The Veteran also received a separate noncompensable rating for his left foot hammertoes and an initial compensable rating for his left hip skin disability. However, the Veteran's request for higher ratings for his right shoulder disability, headaches, and sleep apnea were not addressed.