Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's right first metatarsophalangeal joint osteoarthritis is granted a 20 percent disability rating effective January 1, 2020.,The Veteran's chronic lumbosacral strain with piriformis syndrome and arthritis is granted an increased disability rating to 20 percent.

The Board denied the Veteran's claim for service connection for degenerative disc disease, lumbar spine with degenerative arthritis, lumbosacral strain, and compression fracture as new and relevant evidence was not received to support his claim.

The RO granted an aid and attendance allowance effective August 3, 2023. The Board finds a duty to notify error due to not informing the appellant about earlier effective dates for aid and attendance based on need.

The Board has remanded the case due to a duty to assist error, specifically failing to obtain updated VA treatment records for the Veteran's right hand disorder. The AOJ is required to obtain these records and associate them with the claims file.

The Veteran's appeals for service connection for diabetic retinopathy, bilateral foot pain with tingling and numbness, and left hand pain to include numbness and tingling have been dismissed. The claims of service connection for these conditions are remanded.

The Veteran's claims for revision of the August 2001 rating decisions assigning a 10 percent rating for degenerative arthritis of the bilateral acromioclavicular joint based on CUE were denied as there was no error in the decision that would have changed the outcome.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, but he received an increased rating of 40 percent effective January 4, 2021.,He also received separate ratings of 20 percent for right and left lumbar radiculopathy involving the sciatic nerve and femoral nerve, respectively.

The Veteran's degenerative arthritis of the lumbar spine is related to his active service and has been granted service connection.

The Board denied service connection for back degenerative arthritis, neck disability, right knee degenerative arthritis, and headaches as the evidence did not establish a nexus to service.,Service treatment records showed isolated incidents of injury in service but no chronic disabilities related to these conditions.

The Board has remanded several issues related to the Veteran's service connection claims, including those for sinusitis, post traumatic plantar tibial nerve damage (right), degenerative arthritis of the right knee, and lumbar spine degenerative joint disease. The issues include seeking earlier effective dates and higher ratings.

The Board has granted the Veteran's claim for service connection for right acromioclavicular joint osteoarthritis, finding that his current disability is related to wear and tear from wearing heavy armor in service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and information.

The Veteran's claims for effective dates prior to June 28, 2017 have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected right knee disability has been remanded.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected bilateral conjunctivitis has been remanded.,The Veteran's claim for an initial compensable rating percent for service-connected right thigh lipoma has been remanded.

The Veteran's service-connected disabilities, including right hip osteoarthritis, left knee degenerative joint disease, left knee instability, and right knee osteoarthritis, render him unable to secure or follow substantially gainful employment. The Board has granted entitlement to a total disability evaluation based on individual unemployability (TDIU).

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for a DRO hearing.

The Board has remanded the cases for further development, including verification of periods of service and obtaining a VA examination to address the etiology of the Veteran's foot disabilities.

The Board has determined that a new VA examination is needed to evaluate the severity of the service-connected left knee disability due to inadequate previous examinations. The issues of increased rating for left knee and TDIU are also remanded as they are inextricably intertwined with the left knee issue.

The Veteran's initial claim for a 10 percent rating for tension headaches has been granted. The Board has also remanded several other issues related to service connection and disability ratings.

The Veteran's left knee instability is granted a separate disability rating of 10 percent effective January 26, 2022. The ratings for left knee strain and osteoarthritis remain unchanged at 10 percent.

The Veteran's bilateral foot condition was granted a 50% rating effective April 13, 2022. The right knee and left knee disabilities were denied increased ratings prior to April 13, 2022, but granted a separate 10% rating for left knee instability as of August 9, 2019. The Veteran's lumbar spine disability was granted a 40% rating throughout the period on appeal. Service connection for bilateral hearing loss was denied.