Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's left hip disability is currently rated as 10 percent disabling prior to November 3, 2015 and 20 percent thereafter. The Veteran's right knee sprain is rated as 10 percent disabling. The Veteran's left knee strain is rated as 20 percent disabling prior to November 4, 2021 and 30 percent thereafter. The Veteran's left knee instability is rated as 20 percent disabling. The Veteran's right knee instability is rated as 10 percent disabling. The Veteran's degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is currently rated as 40 percent disabling. The Veteran's left lower extremity radiculopathy is rated as 20 percent disabling from November 4, 2021 and 30 percent disabling prior to that date. The Veteran's migraine headaches are rated as 50 percent disabling from November 4, 2021.,The Veteran's left hip disability has been rated based on the extent of limitation of motion.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his claimed conditions.,Specifically, he seeks service connection for a right hand condition and bilateral foot conditions. The Board has determined that new evidence supports reopening these claims.

The Board has found pre-decisional duty to assist errors in the VA examinations for bilateral knee conditions and left ankle disability, requiring a remand to rectify prior to adjudication of the Veteran's claims.

The Veteran's claim for an earlier effective date for service connection of lumbar spine degenerative arthritis with intervertebral disc syndrome was granted, and the effective date is set at April 7, 2021.

The Veteran's claimed conditions, including osteoarthritis and degenerative disc disease of the lumbar spine, left hip pain, right foot pain, left foot pain, and major depressive disorder, were not incurred in or aggravated by service. The Board found that these conditions are not proximately caused by or aggravated beyond their natural progression by a service-connected condition.

The Veteran's claims for increased ratings for various finger and thumb degenerative arthritis conditions were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran's claims for increased ratings for degenerative arthritis of the spine with IVDS and radiculopathy right lower extremity as secondary to this condition are being remanded due to lack of substantial compliance with previous Board directives.

The Board denied service connection for a low back disorder, stating that the Veteran's low back disorder was less likely related to his in-service back treatment. The claim of service connection for right ear hearing loss is reopened due to new and material evidence.,Service connection for right ear hearing loss is denied as there is no current diagnosis of tinnitus and the evidence does not indicate a causal relationship between active duty service and the Veteran's current condition.,The Board found that the Veteran did not have current tinnitus, and thus denied service connection for tinnitus. The Veteran also sought service connection for right eye corneal abrasion but was unable to establish a nexus with his military service due to inconsistencies in his statements and clinical evidence.,Service connection for right eye corneal abrasion is denied as there is no indication of a current disability related to the alleged injury during service.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's left hip disorder and whether it is related to service or any service-connected conditions.

The Veteran's degenerative arthritis of the right ankle is granted as service-connected.,The Veteran's bilateral plantar fasciitis, secondary to his right ankle disability, is also granted as service-connected.,The Veteran's degenerative arthritis of the lumbar spine is granted as service-connected.

The Board dismissed the Veteran's claim for service connection for a lung condition due to withdrawal of appeal by the Veteran. The issues of increased evaluations for bilateral hearing loss and degenerative arthritis of the lumbar spine, as well as TDIU, are remanded.

The Veteran's appeals for higher ratings on depressive disorder and degenerative arthritis of the thoracolumbar spine, as well as an earlier effective date for TDIU, have been dismissed due to his withdrawal.

The request to reopen the previously denied claim of entitlement to service connection for a right knee disability is granted.,Service connection for a right leg disability (claimed as right knee) is denied.

The Veteran's claim for a higher rating for joint pain due to an undiagnosed illness was denied.,A separate rating of 20 percent, but no higher, was granted for lumbar spine degenerative arthritis.

The Board has remanded the case due to concerns about the credibility of the Veteran's statements regarding his service-connected back disability. The case will be returned for further development, including a new VA examination.

The Board has granted service connection for bilateral hallux valgus and degenerative arthritis, finding that the Veteran's current disability is related to his active duty service. The decision is based on the Veteran's consistent reports of continuous bilateral foot pain symptoms since separation from service.

The Veteran's claims for increased ratings for her hip conditions have been denied. The AOJ has assigned the maximum schedular ratings available under VA's rating schedule, and there is no evidence of additional functional loss or impairment not already accounted for in the current ratings.

The Veteran's service-connected disabilities rated at least 70 percent combined throughout, but the Board found that they do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and experience.

The Board has remanded the appeals for scheduling of VA examinations to assess the current severity and functional impairment of various service-connected disabilities, including right knee osteoarthritis, left knee strain, bilateral pes planus with calcaneal spurs, right foot hallux valgus, left foot hallux valgus, cervical spine disability, lumbar spine disability, bladder dysfunction, and bowel dysfunction.

The Veteran's hypertension, atrial fibrillation, right knee degenerative arthritis, left knee degenerative arthritis, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted as they are presumed to be related to his in-service herbicide exposure.,Right foot hammertoe is denied as it did not manifest during service or is otherwise unrelated to service.