Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's appeal for a higher rating on his thoracic spine and left knee disabilities has been remanded due to the need for additional examinations.

The Board dismissed the appeal as the appellant requested to withdraw all remaining issues, including service connection for bilateral hearing loss and higher evaluations for knee and shoulder conditions, due to a full grant of TDIU.

The Veteran's initial increased ratings for his service-connected back condition are denied. The criteria for higher ratings have not been met prior to December 19, 2022, and after that date.

The Veteran's left thigh impairment is rated at 10 percent, as there is no evidence of limitation of rotation, adduction, or abduction beyond the required limits for a higher rating.,The Veteran's left hip osteoarthritis and bursitis are currently rated at zero percent, as his extension still permits more than 5 degrees of motion.,The Veteran's left hip limitation of flexion is also rated at zero percent, as he can still move to greater than 45 degrees.

The Veteran's right knee strain, status post-surgery with osteoarthritis is granted a separate 10 percent rating for painful limitation of flexion since August 1, 2013. A 30 percent rating is granted from August 1, 2013 to August 4, 2022 for painful limitation of extension. The Veteran's right knee strain with dislocated semilunar cartilage and slight instability are each granted separate ratings since August 1, 2013. A 20 percent rating is granted for the left ankle disability from December 23, 2013 to August 4, 2022. The Veteran's right foot disability remains at a 10 percent rating.

Service connection has been granted for left knee osteoarthritis, right knee lateral meniscus tear with osteoarthritis status post two arthroscopic procedures, and tinnitus.,The Veteran's claims of service connection for bilateral knee conditions have been reopened due to the submission of new evidence.

The Veteran's major depressive disorder is granted service connection, while his left knee and left ankle osteoarthritis are denied.

The Veteran's left knee disability, characterized by flexion limited to 50 degrees and full extension, is rated at 10 percent effective September 5, 2007.

The Veteran's claims for increased ratings for his service-connected cervical neck strain with degenerative disc disease, degenerative arthritis, and intervertebral disc syndrome are remanded due to the need for an addendum opinion regarding whether he exhibits or has exhibited at any point since September 5, 2013, ankylosis or the functional equivalent of ankylosis of the cervical spine. The claims for increased ratings for his service-connected bilateral upper extremity radiculopathy are also remanded.

The Board has remanded the Veteran's claims for service connection due to an error in submitting a wrong form, and now requires a Statement of the Case (SOC) before further appellate consideration.

The Veteran's claim for service connection for left lower extremity radiculopathy is granted. The TDIU and Dependents' Educational Assistance eligibility prior to July 26, 2022 are also granted.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar strain with degenerative arthritis of the lumbar spine and for entitlement to a total disability rating based on individual unemployability due to lack of substantial compliance with previous remand directives.

The Veteran's claim for a higher rating of his service-connected degenerative arthritis of the lumbar spine was denied. The Board also granted TDIU and SMC based on the Veteran's service-connected disabilities, including his lumbar spine disorder.

The Veteran's right hip disability is denied as it did not manifest in service or within one year of discharge, and there is no evidence linking the current condition to service.,The Veteran's left foot sinus tarsitis with possible remote injury to the left distal deep peroneal nerve (claimed as left ankle disability) is granted as her symptoms first manifested during service and are related to wearing tight footwear.

The Board has remanded the claims for service connection for COPD and a low back disorder due to inadequate VA examination opinions. The Veteran's COPD may be related to his exposure to herbicides in service, or secondary to his lung cancer. His low back disorder is not likely related to service.

The Veteran's right knee disability is granted service connection, while the left shoulder disability issue is remanded for further examination and opinion.

The Veteran's lumbosacral spine, cervical spine, spondylolysis, spondylolisthesis, and degenerative arthritis disabilities are found to have originated during active service. The Veteran's cervical spine degenerative disc disease is also found to be related to his military service.

The Veteran's claim for an increased rating of his service-connected left fibula fracture and degenerative arthritis of the ankle is being remanded due to factual disputes regarding the severity of his disability prior to February 17, 2015.

The Veteran's right knee disability was granted a 20 percent rating for recurrent subluxation from December 21, 2022. A separate 20 percent rating was also granted for cartilage damage from December 3, 2021. The Veteran's PTSD was rated at 70 percent from February 19, 2021 to July 23, 2022 and TDIU based solely on PTSD was granted starting from the same date.

The Veteran's service-connected knee disabilities make it impossible for him to secure and follow a substantially gainful occupation, leading to the grant of TDIU.