Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's service-connected disabilities do not by themselves cause him to require aid and assistance in accomplishing the activities of daily living and render him unable to protect himself from the hazards and dangers of his daily environment. Therefore, SMC based on the need for aid and attendance is denied.

The Veteran's right knee condition is aggravated by his service-connected left knee degenerative arthritis and lumbar spine degenerative disc disease, thus meeting the criteria for service connection.

The Board has decided to remand the Veteran's claims for increased ratings for arthritis of the thoracolumbar spine, arthritis of the left hip, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to incomplete records. The VA is required to obtain any outstanding pertinent VA treatment records and private treatment records related to the Veteran's conditions.

The Board has granted service connection for degenerative arthritis of the lumbar spine, spondylosis and discogenic disease, as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on evidence showing that the Veteran's preexisting scoliosis was aggravated by active service and progressed to his current back disorders.

The Board has remanded the case due to deficiencies in the examination reports and for a new VA examination.

The Board has decided to remand several issues related to the Veteran's service connection claims, including GERD, left knee condition, right hip strain, thoracolumbar spine, gastric ulcer/gastritis, left talus non-displaced fracture, right ankle tendonitis, and cervical spine degenerative arthritis. The decision also includes a request for new VA examinations for these conditions.

The Board has remanded the case for additional development, including obtaining a complete October 2014 examination report and requesting an opinion on retroactive application of range of motion testing results.

The Veteran's hypertension is granted as presumptively associated with his presumed exposure to herbicide agents under the PACT Act. Other conditions are remanded for further evaluation.

The Veteran's initial compensable ratings for right hip osteoarthritis and femoral acetabular impingement syndrome with limitation of extension, limitation of flexion, and impairment of the thigh have been denied. The reduction in the rating for left hip osteoarthritis and femoral acetabular impingement syndrome with limitation of extension from 10 percent to 0 percent was improper, and the prior 10 percent rating has been restored.

The Board denied service connection for a right knee disorder, finding that the evidence did not support a link to active service or secondary to a service-connected left knee condition. The right foot issue is remanded for further examination and opinion.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine was denied. The Board found that the evidence did not support an increase in ratings beyond 40 percent since October 8, 2021.

The Board has remanded the case due to inadequate compliance with a previous remand directive regarding the Veteran's low back condition and its incapacitating episodes.

The Veteran's claims for increased ratings for his lumbar spine disability and hypertension are being remanded due to the need for updated VA examinations.

The Board has remanded the Veteran's claims for increased rating for bilateral hearing loss, service connection for lumbar degenerative arthritis, right hip condition, left hip condition, and gastroesophageal reflux disease (GERD). The claims are being remanded to determine the current level of disability for hearing, address whether the lower back condition is related to service or proximately caused by hip conditions, and consider in-service use of NSAIDs for other conditions.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to July 13, 2016.

The Veteran's service-connected patellofemoral syndrome and osteoarthritis of the knees have been granted increased ratings to 20 percent effective January 31, 2022.

The Veteran's right knee disability is granted as service connected, and the case is remanded for a new VA examination to determine the current level of severity of his left knee disability.

The Veteran's right knee osteoarthritis and right hip degenerative arthritis are rated at 30 percent each, with the right knee ligament instability rated at 10 percent. The claims for increased ratings are denied.

The Board has remanded the cases for additional development to obtain addendum opinions addressing whether the Veteran's headache disorder, sleep disorder, and back disorder are related to his military service or secondary to his service-connected conditions.