Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's right hip sprain with degenerative arthritis, right knee strain status post total knee replacement (claimed as leg condition), and cervical spine DDD with spinal stenosis and IVDS are all being remanded due to the inextricability of these issues with his other pending claims for service connection.

The Board denied the Veteran's claim for an effective date prior to October 7, 2015 for the award of service connection for lumbosacral strain with degenerative arthritis and IVDS. The decision found that no earlier effective date was warranted as the Veteran did not have a pending claim prior to his October 7, 2015 request to reopen.

The Veteran's increased disability ratings for his service-connected back disabilities (degenerative arthritis and intervertebral disc syndrome, as well as degenerative disc disease and facet arthritis of the cervical spine) have been denied. The Board found that the evidence did not support a higher rating under either the General Rating Formula or the IVDS Rating Formula.

The Board has determined that the Veteran's low-back disorder, including degenerative disc disease, IVDS and degenerative arthritis, is service-connected as it was incurred during active service.

The Board has decided to remand the case due to a lack of VA examination and treatment records, which are needed to determine if the Veteran's current lumbar spine disability is related to his military service.

The Board has remanded the Veteran's claims for left hand, left knee, and right knee conditions due to incomplete service records and inadequate opinions.

The Veteran's claims for increased ratings of his cervical and thoracolumbar spine disabilities are being remanded due to inconsistencies in the evidence regarding the nature and severity of his conditions, as well as potential effects of medications on his functioning.

The Veteran's appeal for service connection for a left wrist disability, to include as secondary to his service-connected left shoulder disability, is remanded due to the need for an adequate medical opinion addressing all theories of secondary service connection.

The Veteran's left ankle disability is being remanded due to the need for additional medical records and an updated opinion regarding its etiology. The respiratory disability case is also being remanded for further addendum opinions.,The Board has determined that more development is needed in both cases, including obtaining additional medical records and providing new opinions on the etiology of the Veteran's left ankle disorder and respiratory condition.

The Board has granted service connection for thoracolumbar spine degenerative arthritis and disc disease with scoliosis, post-surgery; cervical spine arthritis, post-surgery; and left knee disability, to include meniscal tear and arthritis, post-surgery. The decision is based on the Veteran's in-service physical stress and subsequent diagnosed disabilities.

The Veteran's left knee osteoarthritis is rated at 10 percent under Code 5003 and a separate 10 percent rating under Code 5259, resulting in an overall combined rating of 20 percent for the disability.

The Board denied service connection for a cervical spine disability, including degenerative arthritis, finding that the most persuasive evidence of record is against finding any such condition was shown as chronic in service or related to an in-service injury.

The Veteran's claim for SMC at other than the housebound rate was denied as he did not meet the criteria for this benefit during the specified period.

The Board has remanded the case due to inadequate nexus opinions and a need for updated treatment records. The Veteran's right knee condition is currently diagnosed, but there are questions about its onset during service or related to service.

The Board denied a rating in excess of 10 percent for right knee degenerative arthritis, finding that the medical evidence did not support an increased rating based on the criteria provided.

The Board has remanded the claims for additional development due to the need for further examination and opinion regarding the Veteran's lumbar spine disability, trapezius muscle spasms, left knee disorder, and right knee disorder.

The Veteran's TDIU claim is remanded due to the RO's failure to substantially comply with previous Board remand instructions and legal inaccuracies in their subsequent rating decision.

The Veteran's lumbar spine disability was previously rated at 10 percent prior to June 15, 2022, and increased to 40 percent from October 1, 2022. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and sciatic radiculopathy of the lower extremities have been denied due to failure to appear for scheduled examinations without good cause.

The Veteran's back, right knee, and left knee disorders were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.,The Veteran's bilateral eye conditions (myopia, chorioretinal scars, and staphyloma) are considered congenital defects and not diseases for VA compensation purposes. There is no clear and unmistakable evidence that these preexisted service or were aggravated by service.