Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability prior to July 23, 2021.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, right and left lower extremity radiculopathy, tinnitus, and bilateral hearing loss, have prevented him from securing or following a substantially gainful occupation since May 18, 2010. The Board has granted TDIU effective from that date.

The Veteran's appeals for increased ratings on left ankle sprain, right knee degenerative arthritis, and right shoulder degenerative arthritis have been dismissed due to failure to perfect an appeal. The Board has also determined that the issues of increased ratings for these conditions are not properly before it at this time as they were granted in a prior rating decision. The Veteran's claim for service connection for right side groin pain is remanded for further examination and opinion.

The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis with left sacroiliitis of the lumbar spine is remanded due to inadequate examination findings.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's left knee condition and his service-connected right knee condition.

The Veteran's claims for increased evaluations for painful motion of the left and right knees were denied. The Board found that the evidence did not support a higher evaluation than 10 percent for either knee condition.

The Veteran's sleep apnea is service-connected as it was caused by his service-connected conditions, including chronic sinusitis, adjustment disorder with mixed anxiety, low back strain with degenerative arthritis, left lower extremity lumbar radiculopathy, right knee degenerative joint disease, and tinnitus.

The Board has dismissed the Veteran's appeals for increased ratings of his right and left ankle disabilities. The issues of whether new and material evidence was submitted to reopen a claim for service connection for a right eye injury, service connection for diabetes mellitus, and entitlement to increased ratings for knee and migraine headaches are remanded.

The Veteran's service-connected disabilities are being remanded for further examination and rating due to the amount of time since his last examinations.

The Board denied service connection for a right knee disability but remanded the case for further development regarding a left foot disability.

The Veteran's claims for increased ratings of left knee patellofemoral pain syndrome with osteoarthritis and left knee patella recurrent instability/subluxation have been denied as his conditions do not warrant a rating higher than 20 percent.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for clarification regarding when favorable ankylosis began, as well as whether unfavorable ankylosis is present. The examiner must address these issues in their assessment.

The Veteran's L4-5 degenerative disc disease is granted an initial rating of 20 percent effective January 11, 2016. Service connection for right knee osteoarthritis and thrombocytopenia are granted. The left knee disability and bilateral ankle disabilities are denied.

The Veteran's claims for service connection for bilateral hearing loss and degenerative arthritis of the cervical spine with spinal stenosis have been reopened. The case is remanded to obtain a new VA examination for both conditions, as well as to obtain updated treatment records and determine if a TDIU should be granted.

The Board has granted service connection for a right knee strain with degenerative arthritis and chondromalacia patella, finding that these conditions began in service.

The Veteran's service-connected disabilities did not render him unemployable prior to September 2, 2020. The combined rating of his conditions was at least 50% but never reached the level required for a TDIU rating.

The Veteran's claims for higher ratings for right hip osteoarthritis with limitation of extension, flexion, and adduction prior to May 24, 2019 are denied. The current ratings adequately reflect the Veteran's functional limitations.

The Board denied service connection for a back disability, finding that the evidence did not support a link between current symptoms and in-service events or conditions.

The Board has decided to remand this case due to the need for an updated assessment by a VRC or CP regarding whether the Veteran's vocational goal is reasonably feasible and if changing his goal to pursue a master's or law degree is warranted.

The Veteran's service-connected disabilities, including degenerative arthritis of the cervical spine, left shoulder condition, right shoulder arthritis, degenerative arthritis of the lumbar spine, tinnitus, and bilateral hearing loss, preclude him from obtaining or retaining substantially gainful employment. The Board granted TDIU based on this finding.