Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's low back condition is rated at 40 percent effective November 16, 2021. The rating for left knee instability and right knee instability are both increased to 20 percent effective August 27, 2018.

The Board denied the Veteran's claim for service connection for his congenital vertebral anomaly (transitional S1 vertebra) and secondary service connection for his degenerative arthritis of the spine and intervertebral disc syndrome, finding that there was no clear and unmistakable evidence of a preexisting condition that worsened during service.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding his service-connected skin condition and right knee disability.

The Board has implicitly denied service connection for lumbar degenerative arthritis/lumbosacral strain on a direct basis. The Veteran's representative requested that the decision be vacated due to an error in not addressing this issue, and the motion is granted.

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Board has denied the Veteran's claims for service connection for left hand degenerative arthritis, left shoulder condition, right shoulder condition, left wrist degenerative arthritis, and left index finger condition due to lack of evidence linking these conditions to his military service. The cases are remanded for further development.

The Veteran's appeals for a higher disability rating and TDIU have been dismissed due to his withdrawal of the appeal.

The Veteran's service-connected disabilities, including his back and left knee conditions, do not preclude him from securing or following substantially gainful employment.

The Veteran's appeal for increased disability ratings for his left knee disabilities is remanded due to the need for a VA examination to assess the current severity of his service-connected left knee disability.

The Veteran's hypertension is granted on a presumptive basis due to herbicide agent exposure. The left knee, bilateral thumb condition, low back condition, and left foot condition are all remanded for further examination and opinion. Service connection for GERD is also remanded.

The Veteran's claim for higher ratings for her service-connected knee disabilities is remanded due to outstanding VA treatment records and the need for an opinion regarding the ameliorative effects of medication on her knee symptoms.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to June 1, 2022.

The Board denied a rating in excess of 30 percent for the Veteran's right knee disability, finding that his right knee extension was not limited to greater than 20 degrees and his right knee flexion was not limited to fewer than 90 degrees during the period beginning December 12, 2019.

The Veteran's claims for service connection for various joint disabilities, including right shoulder glenohumeral degenerative arthritis, left shoulder glenohumbral degenerative arthritis, bilateral hand osteoarthritis, and bilateral knee, wrist, back, elbow, and hip disabilities manifested by pain are granted. The claim for secondary service connection for hypertension is remanded.

The Board has granted service connection for the Veteran's back disability, diagnosed as degenerative arthritis of the lumbar spine and lumbar disc herniation, finding that it had its onset during service.

The Veteran's right ankle fracture with osteoarthritis and left ankle arthritis are granted increased disability ratings, while the left knee degenerative arthritis postoperative residuals remain denied.

The Veteran's service-connected degenerative arthritis, intervertebral disc syndrome, and spondylolisthesis of the lumbar spine (claimed as low back pain) is granted. The right lower extremity radiculopathy secondary to these conditions is also granted.

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Veteran's tinnitus is granted as service connected. The cervical spine, lumbar spine, right hip, left hip, and kidney disabilities are remanded for further development.

The Veteran's claims for increased ratings for his lumbar spine degenerative arthritis, right and left lower extremity radiculopathy, and TDIU are remanded due to the need for additional development regarding range of motion findings.