Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's bilateral knee disabilities are granted as directly related to his military service. The issues of blood clots in bilateral legs and obstructive sleep apnea have been dismissed due to the Veteran withdrawing from appeal.

The Veteran's shin splints and degenerative arthritis of the knee were denied increased ratings, as they did not meet the criteria for a higher rating under VA regulations.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disorder was denied, and the claim for a compensable rating for his surgical scar as secondary to his service-connected disability was also denied.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.

The Board has granted the Veteran's claim for service connection for a right knee disorder, finding that it had its onset during service or is etiologically related to his active service.

The Veteran's appeal for an initial rating in excess of 10 percent for left knee degenerative arthritis was dismissed.,Service connection for chronic sinusitis is granted due to the Veteran's exposure to burn pits during his service in Southwest Asia.

The Veteran's degenerative arthritis of the spine is currently rated as 20 percent disabling prior to June 23, 2023. The appeal for a higher rating has been granted and he is now rated at 40 percent beginning June 23, 2023.,For the period beginning June 23, 2023, the Veteran's degenerative arthritis of the spine is manifested by chronic pain resulting in forward flexion of the thoracolumbar spine during flare-ups and considering functional loss by guarding, of ten degrees, but no worse, as well as favorable ankylosis during flare-ups; it is not shown to result in unfavorable ankylosis of the thoracolumbar or of the entire spine.

The Veteran's claims for increased ratings for right and left knee osteoarthritis with patellofemoral pain syndrome are being remanded due to the need for further evaluation. The Veteran's chronic sinusitis is rated at 30 percent, effective throughout the appeal period.

The Board has remanded the case due to an incomplete examination, requiring a new evaluation of the Veteran's right shoulder disability.

The Board has remanded the Veteran's spine disability increased rating issue due to lack of substantial compliance with the February 2023 remand directives. The case is now pending for a new VA back examination to obtain estimates concerning additional loss of range of motion during flare-ups.

The Board has granted service connection for residuals of bladder cancer. The claim for bilateral hearing loss is remanded due to insufficient nexus opinion, and the claims for right knee condition and left knee strain are also remanded.

The Veteran's claims for increased ratings for knee conditions have been denied as the evidence does not support a higher rating based on limitation of motion or instability.

The Board has remanded the claims for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, and ratings in excess of 20 percent for radiculopathy of both lower extremities from October 17, 2016. The AOJ is to seek authorization to obtain medical records from Noran Neurology, Neurosurgical Associates, or other providers seen through the Veterans Choice Program.

The Veteran's low back pain related to degenerative arthritis of the spine is granted as service connected. The issues for left-hand and right-hand disabilities are remanded.

The Veteran's lumbar intervertebral disc syndrome with degenerative arthritis changes is granted a 50% evaluation, effective from April 5, 2013. The TDIU claim remains pending as the maximum schedular rating had not been assigned for the entire period on appeal.

The Board denied service connection for unspecified anxiety disorder (claimed as posttraumatic stress disorder), hypertension, gout, right knee degenerative arthritis, left knee degenerative arthritis, sleep apnea, lower back DJD, neck disorder with pain and numbness down the hands, and COPD. The cases are remanded for further examination and opinion regarding these conditions.

The Veteran's appeal includes multiple issues related to service connection and increased ratings for various conditions. The claims are being remanded due to the need for additional development, including verification of Reserve service dates and types, obtaining complete medical records, and providing opinions on secondary service connection.

The Veteran's major depressive disorder with anxious distress and generalized anxiety disorder is granted a 70 percent evaluation, effective from the date of this decision.

The Veteran's acquired psychiatric disorder, including PTSD, is related to his military service.,The Veteran's neck disability is related to his military service.,The Veteran's bilateral lower extremity radiculopathy is related to his military service.,The Veteran's low back disability is aggravated by his military service.

The Veteran's claims for service connection for a left hand disability and tinnitus are granted. The claim for service connection for a left foot degenerative arthritis is remanded.