Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's left knee instability and arthritis are rated at 30% and 20%, respectively, effective September 21, 2009. Higher ratings for these conditions are denied as they would violate the amputation rule.

The Veteran's appeal is remanded for further development, including obtaining a new VA examination to address the etiology of his headaches and their relationship to service-connected allergic rhinitis.

The Veteran's claims for higher ratings for his lumbar and cervical spine disabilities have been denied as the medical evidence does not support a rating in excess of 40 percent since June 3, 2022.

The Board has determined that the issues of increased ratings for sinusitis, left knee strain with partial medial meniscectomy and DJD, right knee degenerative arthritis, and right knee degenerative arthritis with patellofemoral syndrome are remanded due to new evidence being added to the claims file.

The Veteran is granted a TDIU as of July 1, 2016, but no earlier. As of March 20, 2019, the criteria for a TDIU based on a single service-connected disability are not met.

The Veteran's appeal is remanded due to the need for additional examinations and clarification of his employment status.

The Veteran's right shoulder arthritis is granted service connection. The claim for increased ratings for lumbar spine degenerative arthritis and TDIU is remanded.

The Board has granted an effective date of August 1, 1995 for the grant of service connection for left and right knee degenerative arthritis with a history of chondromalacia/patellofemoral syndrome under Diagnostic Code 5003.

The Veteran's request for a higher rating for his right knee disability, including patellofemoral syndrome with degenerative arthritis and instability, was denied. A separate 10 percent rating for instability of the right knee is granted. The claim for Total Disability Rating Based on Individual Unemployability (TDIU) prior to September 2, 2016, remains denied.

The Board has decided to remand the case due to insufficient examination and opinion regarding whether the Veteran's left knee disability is secondary to his service-connected right knee degenerative arthritis. The Veteran contends that he overcompensated for his right knee disability, leading to a current left knee disability.

The Veteran's claims for service connection for tinnitus and degenerative arthritis of the spine have been granted.,The Veteran's claim for service connection for a blood condition to include anemia and microcytosis is remanded.

The Veteran's left knee disability, including strain, meniscal tear, and degenerative arthritis associated with incomplete spastic paralysis and sciatic nerve involvement, is not rated higher than the current levels of 10 percent prior to November 2, 2017, and 20 percent thereafter. The scars are also not compensably disabling.

The Board has remanded the case due to a request for withdrawal of an earlier effective date appeal and a need for additional medical opinions regarding the Veteran's left foot condition.

The Board has remanded the case for a VA medical opinion to address the nature and etiology of the Veteran's left foot disorders, including flat feet, plantar fasciitis, and degenerative arthritis. The decision remains pending as it is not clear whether service connection will be granted or denied.

The Veteran's stepson, L.B., is recognized as a helpless child due to his cerebral palsy.,Service connection for left knee arthritis and swollen lips (claimed as hives) are granted based on in-service burn pit exposure.

The Veteran's claim for an initial rating in excess of 10 percent for left knee ACL tear and osteoarthritis with limited flexion prior to June 7, 2016 is denied. The Board finds that the evidence does not support a higher rating based on the current level of disability.

The Veteran's appeals for increased evaluations and service connection were dismissed due to the death of the appellant.

The Veteran's kidney condition and right knee disability were denied service connection as they are not shown to be related to his military service or secondary to a service-connected disability.,A rating in excess of 10 percent for the service-connected right ankle disability was also denied.

The Veteran's right and left knee osteoarthritis, as well as his sleep apnea and hypertension, are granted service connection. The hearing loss disability in the left ear remains remanded for further examination.

The Board has remanded three issues related to the Veteran's right knee conditions due to a finding of clear and unmistakable error in the July 2022 rating decision.