Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's service-connected disabilities did not render him unemployable prior to December 1, 2015. The Board found that the evidence was not in 'approximate balance' or 'nearly equal' with the evidence supporting his claim.

The Board has determined that the Veteran's right foot disability, other than radiculopathy, is related to her service-connected left lower extremity and/or lumbar spine disabilities. As a result, the appeal for service connection for this condition is granted.

The Board has decided to remand the case due to insufficient medical rationale for the opinion regarding the etiology of the Veteran's right shoulder disabilities. The Veteran needs a new examination with an examiner who can provide a thorough medical rationale and consider all lay assertions, including those from his hearing.

The claim for service connection for bilateral hearing loss is denied as new and material evidence was not submitted.,The claim for service connection for headaches, right knee disability, and tinnitus has been reopened and granted to the extent of these issues.,The claim for service connection for a respiratory disability (lung damage) is denied due to lack of current diagnosis or functional impairment.,A rating higher than 20 percent for degenerative arthritis of the spine is remanded as no VA examination was conducted in conjunction with this claim.,Service connection for PTSD is remanded as the incident basis for the claim has not been corroborated.,The claims for service connection for a right hand disability and right wrist disability are remanded due to lack of evidence linking these disabilities to service.

The claim for service connection for a mid-back disability is dismissed. The claim for service connection for tinnitus is denied, and the claim for an increased rating in excess of 10 percent prior to May 2, 2019, and from July 1, 2019, for degenerative arthritis of the lumbar spine is remanded.

The Board has determined that the Veteran's left foot disability is not caused or aggravated by his service-connected right foot and ankle disabilities, thus denying the claim.

The Veteran's back disability, including thoracic spine degenerative arthritis and lumbar strain, is rated at 40 percent disabling as of October 15, 2020. The appeal for higher ratings prior to that date has been denied.

The Board denied service connection for a low back disorder and a respiratory condition, to include bronchitis and COPD, finding no evidence of in-service injury or disease that caused current disabilities.,Service connection was not granted as the Veteran's conditions are considered to be due to natural progression over time rather than an event, injury, or disease incurred during service.

The Board has granted service connection for the Veteran's right knee disorder (osteoarthritis and instability) as secondary to his service-connected left knee disability.

The Veteran's lumbar strain and scoliosis with degenerative arthritis and IVDS were found to not warrant a rating in excess of 10 percent prior to January 18, 2020.

The appeal for a rating in excess of 10 percent for the service-connected lumbosacral strain with degenerative arthritis and IVDS is dismissed. The Veteran's representative requested to withdraw representation, which was granted by the Board.

The Veteran's claim of service connection for insomnia has been reopened, and the Board finds new and material evidence to support this claim. The earlier effective date claims are also remanded due to incomplete VA records and potential errors in record association.

The Board has remanded the issue of TDIU due to new VA clinical documentation received in October 2022. The Veteran declined review by the Agency of Original Jurisdiction and requested that this appeal be remanded for consideration.

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis and lumbosacral strain, secondary to the Veteran's service-connected left knee total replacement. The right knee disability issue is remanded due to inadequate examination reports.

The Veteran's migraine headaches are granted a 10 percent rating. The Board finds the evidence reasonably shows that his migraines have characteristic prostrating attacks averaging one in two months, corresponding to the criteria for at least a 10 percent rating under DC 8100. Other issues related to left hip disability, unspecified anxiety disorder and lumbar spine disability are remanded.

The Veteran's service connection for major depressive disorder and osteoarthritis of the lumbar spine was granted, with an effective date of August 1, 2011. The rating for osteoarthritis of the lumbar spine was reduced from 40% to 20%, effective October 23, 2017.

The Board has decided to remand the Veteran's claim for further development due to an inadequate medical opinion regarding his left shoulder disability.

The Board has remanded the claims of increased ratings for lumbar spine disability, right and left knee disabilities, and associated radiculopathy due to inadequate examination findings and unclear onset dates.

The Veteran's low back disability is rated at 40 percent, which is the maximum schedular rating available. The Board denied a higher rating as his condition does not meet the criteria for an increased rating.

The Veteran's service-connected lumbosacral strain and degenerative arthritis prevented him from securing or following a substantially gainful occupation prior to September 9, 2015.