Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.

The Veteran's degenerative arthritis of the spine is rated at 20 percent effective from July 26, 2022.

The Veteran's bilateral pes planus with degenerative arthritis, scars of the left ankle and knee, and skin condition (eczema) have been granted initial ratings. The Veteran is now rated at 50% for his bilateral pes planus.

The Board has remanded the Veteran's claims for service connection for left hip condition, bilateral knee condition, osteoarthritis and bilateral shoulder condition due to insufficient discussion of the McLendon criteria in previous decisions.

The Board has remanded the case due to an inadequate VA examination and outstanding treatment records. The Veteran's left knee disability is being reviewed for its onset during service or as a result of service.

The Veteran's tinnitus is service-connected as it is related to his military noise exposure.,Service connection for bilateral hearing loss is remanded due to conflicting evidence regarding its onset during service and post-service treatment history.,Service connection for rhinorrhea (rhinitis) is remanded due to the need for clarification on pre-service presence of the condition and in-service reports.,Service connection for a thoracolumbar spine disability is remanded as there are conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for right lower extremity sciatica is remanded due to conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for left hip disability (gluteal muscle strain) is remanded due to the need for clarification on pre-service presence of the condition and in-service reports.,Service connection for left leg pain (muscle cramping) is remanded as there are conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for right knee patellofemoral pain syndrome with degenerative arthritis is remanded due to conflicting opinions regarding its onset during service and post-service treatment history.

The Veteran's initial claim for higher ratings for his service-connected left hip disabilities was denied. The case is remanded due to the lack of a VA examination assessing the severity of any left knee disability.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as it is not clear whether the Veteran's statements regarding his inability to work are credible. The case will be referred to the Director of Compensation Service for consideration of an extraschedular TDIU.

The Board has remanded the Veteran's claims for additional development due to inadequate prior VA examination and missing treatment records. The issues include rating increases for lumbar spine conditions, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU.

The Board has remanded the Veteran's claims for service connection due to incomplete development and exposure to herbicides. Additional examinations are needed to determine the etiology of his psychiatric, neurological, and skin conditions.

The Board has determined that the Veteran's service-connected disabilities, including PTSD with traumatic brain injury and migraine headaches, have rendered her unable to secure or follow a substantially gainful occupation prior to July 10, 2014. The decision is based on the combined effect of these conditions.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The current rating of 40 percent is maintained, effective December 10, 2021.

The Veteran's peripheral neuropathy of the left lower extremity is granted as secondary to his service-connected lumbosacral strain. The extension of a temporary total rating for lumbar spine surgery convalescence past August 1, 2012, is denied. Service connection for erectile dysfunction and obstructive sleep apnea are remanded due to lack of medical opinions. Service connection for unspecified arthritis (distinct from service-connected lumbar spine disability) is also remanded. The Veteran's residuals of a nasal fracture, adjustment disorder with depressed mood, lumbar strain, and lumbar spine scar are all remanded.

The Veteran's left knee disability, including osteoarthritis and femoral condyle fracture, is rated at 20 percent for the entire period on appeal. Separate ratings of 20 percent for limitation of extension and 10 percent for limitation of flexion are granted.

The Board has decided to remand the case due to inadequate opinions regarding whether the Veteran's kidney stones are proximately due to or aggravated by his service-connected disabilities, specifically chronic kidney disease with hypertension and osteoarthritis.

The Veteran's lumbar spine degenerative arthritis is rated at 40 percent, but no higher. The Veteran's left lumbar radiculopathy is rated at 20 percent from June 16, 2017, and denied for a rating in excess of 20 percent.

The Board has remanded the case for an addendum opinion to address whether the Veteran's back disorder is related to his military service, specifically his rappelling injury in 1990.

The Veteran's lumbar spine disability is rated at 10 percent prior to November 22, 2021 and at 20 percent thereafter. The cervical spine disability remains rated at 20 percent.,The Veteran's lumbar spine disability was remanded due to insufficient evidence for a higher rating.

The Board has dismissed the appeals for ratings of lumbar spine degenerative arthritis, left leg radiculopathy, right leg radiculopathy, and bilateral hearing loss as the appellant withdrew his appeal through his authorized representative.

The Board has granted service connection for the Veteran's lumbar spine disability. The remaining issues of secondary service connection for various disabilities are remanded due to insufficient evidence.