Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has remanded several claims for additional development, including obtaining updated VA treatment records and attempting to obtain any outstanding private medical records. The Veteran's service-connected conditions include PTSD, cervical spine strain with degenerative arthritis, lumbar strain with intervertebral disc syndrome, left lower extremity radiculopathy, laparoscopic cholecystectomy with gastroesophageal reflux disease (GERD), and residual scars from the procedure.

The Board has determined that the effective dates for increased ratings need to be corrected, and new examinations are required due to the passage of time since previous evaluations.

The Board has remanded the cases for additional development due to outstanding VA treatment records and private medical records from Carney Hospital.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board dismissed all claims except for service connection for hypertension, which was granted. The Veteran's PTSD prior to December 14, 2015, did not meet the criteria for a higher initial rating.

The Veteran's claims for service connection for various conditions were denied as there was no current diagnosis or established link to service.,Right knee osteoarthritis and left knee osteoarthritis were also denied due to lack of evidence linking the conditions to service.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities have prevented him from securing or following a substantially gainful occupation since March 31, 2009. The Board has granted entitlement to TDIU on an extraschedular basis.

The Veteran's lumbar spine disability is rated at 40 percent from January 30, 2018 onward. The Board found the evidence supports this rating based on limited forward flexion to 30 degrees.

The Veteran's claim for an increased disability rating for low back strain with degenerative arthritis is denied.,The Veteran's claims for initial disability ratings for radiculopathy of the left lower extremity, peripheral neuropathy of the right lower extremity (previously rated as radiculopathy, right lower extremity), and radiculopathy of the right lower extremity of the femoral nerve are remanded.,The Veteran's claims for initial disability ratings for radiculopathy of the left lower extremity, peripheral neuropathy of the right lower extremity (previously rated as radiculopathy, right lower extremity), and radiculopathy of the right lower extremity of the femoral nerve are remanded.

The Veteran's right knee and left knee disabilities, as well as his IVDS with degenerative arthritis of the lumbar spine and bilateral lower extremity peripheral neuropathy are all remanded for further development.,Specifically, a new VA examination is needed to evaluate the current extent and severity of the Veteran's bilateral knee disabilities. The Veteran also needs an updated VA examination for his IVDS and degenerative arthritis.

The Board has determined that the Veteran's right hand degenerative arthritis is related to an in-service injury and granted service connection for this condition.

The Veteran's insomnia disorder and adjustment disorder are rated at 30 percent effective February 12, 2015.,The Veteran's lumbar spine condition is not rated higher than 10 percent prior to September 19, 2022 and 20 percent thereafter.

The Veteran withdrew his claims of service connection for all listed conditions.

The Veteran's right total knee replacement with advanced osteoarthritis is rated at 60 percent for the period from April 1, 2019, to August 14, 2022. The appeal for a higher rating in excess of 60 percent for this condition is denied. A compensable disability rating (10%) is granted for his scar, status post total knee replacement associated with right total knee replacement with advanced osteoarthritis.

The Veteran's lumbar spine condition was previously rated at 20 percent prior to November 8, 2022 and denied a higher rating. From that date, the condition is now rated at 40 percent.,From November 8, 2022 onwards, the Veteran's right knee instability has been granted a disability rating of 30 percent.

The Board has remanded the Veteran's claims for left knee strain with degenerative arthritis and ACL tear, as well as left knee instability, due to a lack of examination addressing functional impairment during flare-ups and the impact on symptoms from VA doctors recommending knee replacement.

The Veteran's bilateral hearing loss disability is granted as service-connected.,For the entire rating period on appeal, a 40 percent rating for lumbar spine disability is granted. However, beginning May 29, 2014, a higher rating than 40 percent is denied.

The Board has granted service connection for the Veteran's left knee disorder, diagnosed as osteoarthritis, due to his service-connected right ankle disability. The decision finds that the Veteran's right ankle disability is a proximate cause of his left knee arthritis.

The Board has determined that a new VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as it has been over five years since the last examination.

The Veteran's appeal for increased ratings and service connection has been dismissed due to his withdrawal of the appeals.