Osteoarthritis (degenerative arthritis) decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his employment was not marginal and he did not receive special accommodations in his work environment. The decision also noted that his income exceeded the poverty threshold for one person during the appeal period.

The Veteran's increased functional impairment of the left shoulder due to pain and impingement syndrome was not caused by VA carelessness, negligence, or similar fault. The progression of his pre-existing degenerative arthritis is considered reasonably foreseeable.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's left shoulder disorders. The claim is being returned for further development and consideration.

The Board has granted the Veteran's claim of service connection for his left foot disability, including pes planus, pes valgus, and degenerative arthritis. The decision is based on the finding that these conditions are related to an in-service fall.

The Veteran's tinnitus and right shoulder condition, variously diagnosed as rotator cuff tendonitis, glenohumeral joint osteoarthritis, and acromioclavicular joint separation, are granted service connection. The Veteran is also remanded for a determination on bilateral hearing loss.

The Veteran's appeals for service connection on all issues have been dismissed due to her withdrawal of the appeal.

The Veteran's claim for service connection for surgical scars of the abdomen was denied as there was no evidence of such scars during service or linked to his military service.,The Veteran's right knee medial collateral ligament sprain with mild instability and limitation of flexion were not rated higher than 10 percent, as they did not meet criteria for more severe conditions.

The Board has granted the Veteran's claim for service connection for a left shoulder disability, finding that his current condition is related to in-service symptoms and granting the presumption of continuity.

The Veteran's TDIU and DEA eligibility are granted effective January 1, 2017. The decision is based on the Veteran's service-connected disabilities impacting his ability to secure and follow a substantially gainful occupation.

The Veteran's appeal for a higher rating for his service-connected right knee disability is remanded due to inadequate VA examinations and the need for additional evidence.

The Veteran's appeal of the denial for service connection for cervical spine, hip, and shoulder arthritis is remanded due to procedural issues.

The Board has granted service connection for the Veteran's degenerative arthritis of the cervical spine and thoracic and lumbar spine, finding that these conditions are related to his military service.

The Veteran's claim for an increased rating in excess of 10 percent for left knee patellofemoral syndrome, status post-patellar replacement with surgical scars is remanded due to discrepancies regarding the current severity and extent of his condition.

The Board has decided to remand the case due to incomplete medical records and will need to obtain additional treatment information before making a decision on service connection for back disability.

The Board has determined that the Veteran does not have a current disability for VA compensation purposes in relation to his claimed conditions, and thus service connection is denied.

The Board has granted service connection for right knee osteoarthritis status post right knee arthroplasty as secondary to a service-connected left knee disability. The Board has also remanded the issue of service connection for gastrointestinal condition other than IBS with diverticulosis and resection of large intestine associated with H. Pylori infection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the inadequacy of a recent VA examination, as well as the need to obtain Social Security Administration records.

The Veteran's claim for payment or reimbursement of medical expenses incurred on January 1, 2014 at Central Peninsula Hospital and North Star Medical Imaging is denied because the treatment was not provided in an emergency department, did not meet the criteria for emergency treatment under 38 U.S.C. § 1725, and there were no service-connected disabilities or medical emergencies that necessitated the private hospital care.

The Board has determined that additional development is needed for the Veteran's claims of service connection for osteoarthritis and rheumatoid arthritis, as well as his claim for increased ratings. The case will be returned to the Board after this development.

The Veteran's left shoulder disability is rated at 30 percent, effective January 15, 2014. The Board granted a higher rating of 30 percent for the period from November 14, 2019, forward. However, TDIU was denied due to lack of evidence showing he could not secure or follow a substantially gainful occupation.