Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's claims for earlier effective dates for service connection and SMC have been remanded due to the submission of a timely Notice of Disagreement (NOD) under the legacy system, which has now been accepted by the Board.

The Veteran's thoracolumbar spine strain with multilevel osteoarthritis and degenerative changes is rated at 20 percent prior to September 19, 2017, and 40 percent thereafter. The Veteran's right and left lower extremity radiculopathy are each rated as 10 percent from November 14, 2017, to December 11, 2022, and 20 percent starting December 12, 2022.

The Board has remanded the case due to a duty to assist error and will require an updated medical opinion regarding the Veteran's left hip condition.

The Board has granted an initial rating of 20 percent for right ankle sprain with degenerative arthritis, finding that the Veteran's symptoms most nearly approximate marked limitation of motion.

The Veteran's osteoarthritis left hip is granted as secondary to his service-connected limitation of flexion, right knee.

The Board has remanded the claims of service connection for left knee degenerative arthritis, right hip osteoarthritis, and left hip osteoarthritis due to insufficient opinions in previous VA examinations regarding whether these conditions are secondary to the Veteran's service-connected right knee disability.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, including degenerative arthritis of the spine and right lower extremity radiculopathy. The decision is based on evidence showing that the Veteran had in-service back pain and current diagnoses of degenerative arthritis and radiculopathy.

The Veteran's claims for increased disability ratings for his right and left knee disabilities are being remanded due to a duty to assist error in the prior rating decision.

The Board has denied the Veteran's claim for service connection for back disorder, including thoracolumbar degenerative disc disease, degenerative arthritis and spinal fusion. The VA examiner concluded that the preexisting lumbar spine condition identified on entry was not aggravated by any in-service illness or injury.

The Board has remanded the Veteran's claims for additional examinations and opinions to address whether his claimed disabilities are related to service, particularly given his in-service exposures and symptoms.

The Board has granted the Veteran's claim for service connection for low back pain, finding that it is related to his active duty service.

The Veteran's claim for an increased rating for left shoulder degenerative arthritis was denied. The Board has remanded the case to consider service connection for an acquired psychiatric disorder due to a duty to assist error.

The Veteran's TDIU claim is granted effective October 6, 2021, but no earlier.

The Board has granted service connection for the Veteran's left hip condition, finding that his symptoms began during service and have persisted since. The Veteran's left knee condition is not considered secondary to his right knee condition.,The Veteran's left knee condition was found to be unrelated to his service-connected right knee arthritis.

The Board has determined that the Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation, warranting a TDIU beginning March 16, 2018. The right shoulder disorder and left wrist disorder claims are remanded for further development.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's right hand, bilateral hip, and bilateral foot disabilities are granted as service-connected.,The Veteran's right knee patellofemoral chondromalacia is granted as service-connected.

The Board has remanded the cases for further clarification and examination of the Veteran's service-connected low back disability, right knee disability, and TDIU claim due to incomplete or unclear examination reports.

The claim of service connection for obstructive sleep apnea is remanded, and the claim of a disability rating in excess of 20 percent for lumbosacral strain with degenerative arthritis is also remanded. The claims of entitlement to service connection for ED and PTSD are also remanded.,The Veteran's claim for a disability rating of 50 percent for migraine headaches has been granted.

The Board has determined that the Veteran's claims for service connection and increased ratings are not fully addressed due to incomplete VA examinations. The issues must be remanded to afford the Veteran a new examination.