Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine spondylosis with degenerative arthritis and right lumbar radiculopathy, as well as his claim for a TDIU. The case must be remanded to obtain an adequate VA examination.

The Board has remanded the Veteran's claims for service connection for left hip and low back disabilities due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claims for an initial evaluation in excess of 10 percent for left ankle degenerative arthritis, prior to August 6, 2021, and in excess of 20 percent thereafter, and service connection for a disability manifested by chronic pain are remanded due to incomplete development.

The Veteran's service-connected arthritic conditions have rendered her unable to secure or maintain substantially gainful employment, and such impairment is permanent in nature.,An award of eligibility for SAH precludes a separate SHA grant due to the loss of use of both feet.

The Board has denied the appellant's claims for service connection for bilateral hearing loss, tinnitus, right knee osteoarthritis (associated with left knee impairment), and rheumatoid arthritis. The appeal is remanded to obtain updated evidence regarding the severity of these conditions.

The Veteran's claim of entitlement to service connection for his degenerative arthritis of the spine (claimed as back pain) is being remanded due to a duty to assist error. A new VA examination is required to address whether the Veteran's back disability was caused or aggravated by his service-connected right knee disability.

The Board has identified a pre-decisional duty to assist error in the February 2019 rating decision and has remanded both issues of entitlement to an initial disability rating for left knee osteoarthritis and patellar chondromalacia, and entitlement to SMC based on aid and attendance.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU rating based on these conditions.

The Board denied the Veteran's claim for service connection of his right shoulder disorder, finding that it was less likely than not caused or aggravated by his left lower leg disability.

The Veteran's right and left ankle osteoarthritis have been rated at 10 percent since April 1, 2012. The Board finds that the evidence does not support a higher rating for either condition.,Higher ratings are warranted when there is marked limitation of motion of the ankle.

The Veteran's claim for service connection for bilateral hearing loss is denied.,Service connection for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine prior to July 1, 2019 is denied. Effective August 9, 2023, separate compensable ratings are granted for radiculopathy of the left and right lower extremities.,The Veteran's claim for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine after July 1, 2019 is denied.

The Board denied service connection for bilateral pes planus, degenerative arthritis of the feet, and hallux valgus as these conditions are not shown to be directly related to active duty service.

The Board has granted service connection for an acquired psychiatric disorder, to include anxiety disorder. The Board denied service connection for a back disability and a neck disability.

The Veteran's claim for service connection for a left hip disability was granted in full, and the appeal is dismissed as moot.

The Veteran's claims for increased disability ratings and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and providing a retrospective medical opinion regarding functional loss during flare-ups.

The Veteran's service-connected knee disorder is alleged to have aggravated his right hip osteoarthritis, which requires a new VA examination and medical opinions.

The Veteran's claims for service connection for acquired psychiatric disability, traumatic brain injury (TBI), back condition, and sleep apnea have been denied. The claim for service connection for an acquired psychiatric disability has been reopened due to new evidence.,The Veteran's TBI claim is denied as there is no credible evidence linking his current CVA to in-service head injuries.

The Veteran's left and right knee osteoarthritis are granted with higher ratings, but his back condition claim is remanded for further examination.

The Veteran's appeal for a higher initial rating for his service-connected low back disability was dismissed because the June 2019 decision that granted a 40 percent rating, effective February 12, 2019, is not an initial decision to which the AMA applies.

The Veteran's right hip disability is granted as service-connected, and the appeal for a left knee surgical scars rating is dismissed.