Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's claim for service connection for left shoulder disability was denied in August 2019. The effective date of the grant of service connection is set at May 5, 2021, as the Veteran did not continuously pursue his initial claim within one year after the August 2019 decision.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the spine and degenerative disc disease L4-L5 is being remanded due to a need for updated examination.

The Veteran's left shoulder disorder is not service-connected, and his thoracolumbar spine disability remains at a 40% evaluation. The right lower extremity peripheral neuropathy associated with the thoracolumbar spine disability is remanded for further development.

The Board has remanded the case due to insufficient opinions regarding flare-ups and knee instability. The Veteran's claim for a higher rating of right knee disability is pending.

The Board has determined that the Veteran's service-connected disabilities have not precluded him from securing or following a substantially gainful occupation, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sleep apnea, left foot sprain, left ankle disability, and patellofemoral pain syndrome of the left knee.

The Veteran's lumbar spine degenerative disc disease with IVDS and scoliosis is currently rated at 60 percent, but the Board finds that his disability does not warrant a higher rating based on the frequency and duration of incapacitating episodes.

The Veteran's claims for service connection for various conditions, including headaches and bilateral eye condition, are denied as there is no objective evidence of current disabilities. The Board finds that the Veteran's tinnitus is less likely than not caused by military noise exposure.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and records.

The Veteran's appeal for an increased disability rating for degenerative arthritis of the lumbar spine and service connection for his acquired psychiatric disorder to include PTSD, moderate recurrent major depression, insomnia, and psychotic disorder NOS is remanded due to inadequate examination and lack of verification of stressor.

The Board has remanded the claims for increased ratings for a lumbar spine disability and TDIU due to incoordination, excess motion, weakened motion, painful motion, fatigability, or on flare up of the service-connected lumbar strain. Additional development is needed including obtaining VA examinations.

The Board has remanded the cases for further development and compliance with prior directives to obtain VA treatment records and ensure that all attempts have been made to obtain service treatment records. The Veteran's claims for earlier effective date, dental disorder, and bilateral eye disorder are being returned to the RO for additional action.

The Board has determined that a remand is necessary to address the Veteran's claim for service connection for left knee disorder, including meniscal tear and degenerative arthritis. The remand includes obtaining additional medical records, scheduling an examination, and requesting a Statement in Support of Claim from the Veteran.

The Veteran's appeal for service connection of an acquired psychiatric disorder, degenerative arthritis of the left foot first metatarsophalangeal joint (MPJ), and a left foot surgical scar from ostectomy of the left great toe is remanded due to the need for additional evidence. The issues of entitlement to increased disability ratings for bilateral hallux valgus disabilities and TDIU are also remanded.

The Veteran's TDIU claim for the period from January 5, 2007, to February 28, 2007, is dismissed as moot due to the assignment of a combined 100 percent evaluation and SMC at the rate under 38 U.S.C. § 1114(s).

The Board has remanded the case due to a need for a new VA mental health examination to evaluate the current severity of the Veteran's PTSD. The TDIU claim is granted beginning June 20, 2017.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and diabetic foot disorder, finding that there is no evidence of an in-service injury or disease related to these conditions.

The Veteran's appeal is remanded for further development regarding service connection claims. No specific rating or effective date was assigned.

The Board has granted the Veteran's claim for specially adapted housing and restored his disability ratings for left knee instability and right knee instability. The decision is based on the Veteran's service-connected disabilities that preclude locomotion due to multiple orthopedic and neurological conditions.

The Veteran withdrew all his claims before the Board could make a decision, so the appeals are dismissed.