Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's left shoulder disability is currently rated at 20 percent, which adequately compensates his symptoms and functional impairment.,The Veteran's cervical radiculopathy is currently rated at 20 percent.

The Veteran's claim for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine was denied. The Board found that there is no evidence of unfavorable ankylosis, and thus, a higher rating is not warranted. For TDIU, the Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment.

The Board denied an effective date prior to June 16, 2022, for a 40% rating for lumbosacral strain with degenerative arthritis as the disability did not meet the criteria for a 40% rating before that date.

The Veteran withdrew his appeal for service connection for lumbar degenerative arthritis, and the Board dismissed the appeal.

The Veteran's PTSD is rated at 70 percent since September 24, 2014. The appeal for an earlier effective date and higher rating was denied.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective November 1, 2022.,Separate ratings for left and right lower extremity radiculopathy are granted, with specific effective dates.,A higher rating for right lower extremity radiculopathy after January 26, 2018 is denied.

The Veteran's claims for service connection for a vision disorder, bilateral hearing loss, arthritis of the hands, right ankle disorder, and bilateral leg condition are being remanded due to missing service treatment records.,No current disability has been established for any of these conditions.

The Board has remanded the Veteran's claims for service connection for liver disability, neck disability, and low back disability due to insufficient evidence. The claims for OSA are also remanded.

The Board has remanded the Veteran's claim for an increased rating of right shoulder degenerative arthritis due to additional development needed, including a new VA examination and medical opinion.

The Board has remanded the case due to inadequate VA spine examinations. The Veteran contends her cervical spine conditions are related to an injury during active or reserve duty in 2005, but the medical opinions provided were not adequate.

The Board has denied service connection for lateral epicondylitis of the left and right elbows, as well as osteoarthritis of the left and right shoulders. The evidence does not support a finding that these conditions are related to active duty service.

The Board has determined that the Veteran's current lumbar spine disability is related to his time in service and grants service connection for this condition.

The Veteran's claim for a TDIU prior to January 11, 2013 is remanded due to the possibility that he may be unemployable by reason of service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Board has decided that the case should be remanded for further development regarding the Veteran's right-hand disorder, including osteoarthritis and swelling.

The Veteran's claim for an initial rating in excess of 20 percent for left shoulder osteoarthritis and a separate rating of 20 percent for left shoulder dislocation was denied. The highest available ratings under the applicable VA regulations were granted.

The Board has remanded multiple issues related to the Veteran's knee conditions, including ratings for right and left knee chondromalacia patella and right knee osteoarthritis with pain on motion. The Veteran is also seeking increased ratings for painful motion of his left knee.

The Board has decided to remand the issues of increased evaluations for the Veteran's knees, service connection for an acquired psychiatric disability (to include depression), and TDIU. The case will be returned to the Board after additional development is completed.

The Veteran's TDIU claim is granted, and the AOJ will determine the effective date. The AOJ must also consider additional evidence received since the last decision for the issues of service connection for radiculopathy of the left upper extremity, right upper extremity, cervical spine condition, head injury due to motor vehicle accident, severe abrasions of the left arm, and osteoarthritis of the left little finger with boutonniere deformity.

The Veteran's service-connected disabilities did not render him unemployable prior to December 18, 2020. His combined rating was insufficient for TDIU and his physical limitations were not significant enough to prevent him from securing or following substantially gainful employment.

The Veteran's left knee instability and limitation of flexion are now rated at 20% from April 14, 2022. His stress fracture of the left tibia remains rated at 10%. The appeal for higher ratings is granted.