Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's claims for increased ratings and a temporary total rating were denied. The Veteran was granted a one-month temporary total rating for convalescence, but his claims for higher ratings for degenerative arthritis of the lumbar spine and scar status post spinal fusion remain denied.

The reduction of the rating for lumbosacral spine degenerative disc disease with left S1 radiculopathy from 40 percent to 20 percent, effective July 1, 2018, was improper and the 40 percent rating is restored.

The Veteran's left knee instability is granted a rating of 30 percent and no higher, effective July 25, 2023. The right knee osteoarthritis and Osgood-Schlatter's disease are denied any increase in rating.

The Veteran's claims for increased ratings have been denied. The Board found that the evidence did not support a higher rating than 20 percent for left knee disability with surgical removal of osteochondroma and left proximal fibula instability, and 10 percent for left knee meniscus tear with surgical removal of osteochondroma, left proximal fibula, and 10 percent for left knee degenerative arthritis with meniscal tear, residuals of osteochondroma removal.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for updated VA treatment records.

The Veteran's lumbar strain and intervertebral disc syndrome are currently rated at 20 percent, but the Board has remanded for further development due to conflicting evidence.

The Veteran's bilateral knee disabilities are being remanded for a new VA examination to assess the current severity of his service-connected conditions. His TDIU claim is also being remanded due to its inextricability with the knee claims.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine and left hip osteoarthritis (claimed as dysplasia) are being remanded due to a lack of medical records from 1986. The RO is instructed to seek these records, provide addendum opinions if obtained, and notify the Veteran of any further attempts.

The Veteran's claims of increased ratings for her service-connected right knee and hypothyroidism conditions, as well as her claims for service connection for a right hip sciatic neuritis condition and/or a right leg condition are being remanded due to the need for additional examinations and development.

The Veteran's claims for service connection for tinnitus, allergic rhinitis, and left foot degenerative arthritis are granted. Service connection for bilateral hearing loss is denied.

The Veteran's claims for increased ratings and SMC based on aid and attendance are being remanded due to the need for additional development, including VA examinations.

The Veteran's service-connected disabilities rendered her unable to secure and follow substantially gainful occupation since August 9, 2012.

The Board has decided to remand the Veteran's claims for an initial disability rating in excess of 10 percent for a right knee disability and an initial disability rating in excess of 20 percent prior to February 24, 2022, and in excess of 40 percent thereafter for a back disability due to inadequate VA examinations.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent. As the Veteran does not meet the criteria for an award of special monthly compensation, as no disability is considered 100 percent disabling, plus an additional separate disability or disabilities combining to 60 percent disabling, his TDIU claim has been dismissed as moot.

The Board has remanded the claims for service connection due to insufficient evidence and new information not previously considered.

The Veteran's post-pilonidal cystectomy scar is rated at 10 percent, which is the maximum rating available under current VA regulations.,Right knee osteoarthritis has been rated at 10 percent for limitation of flexion and a compensable rating (20%) for limitation of extension. The Veteran also received a separate 10 percent rating for right knee instability.

The Veteran's appeal is remanded for further examination and development regarding her back condition and bilateral foot condition. The Board finds that additional evidence is needed to determine the current severity of her service-connected conditions, including flare-ups and functional impairment.

The Veteran's degenerative arthritis of the cervical spine is granted as incurred in service.

The Board has remanded the cases for further development due to procedural issues and need for additional medical opinions.

The Veteran's left ankle degenerative arthritis is granted an increased rating to 20 percent effective July 11, 2022. The right ankle degenerative arthritis remains at a 10 percent rating and the left ankle prior to July 11, 2022 remains at a 10 percent rating.