Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran withdrew his appeals for earlier effective dates of service connection for degenerative arthritis of the lumbar spine, tinnitus, and right lower extremity radiculopathy. The appeal is dismissed.

The Board has decided to remand the cases regarding the reduction in ratings for left foot pes planus and lumbar spine degenerative arthritis, as there are missing VA treatment records from October 2017 to April 2018 and August 2018 to December 2018 that need to be obtained.

The Board denied service connection for diabetes mellitus type 2, peripheral neuropathy of the bilateral upper and lower extremities due to diabetes, and low back disability secondary to a service-connected neck disability.,The evidence did not support the Veteran's claims for these conditions.

The Veteran's appeal for a disability rating in excess of 40 percent for his service-connected right ankle disability was denied, and he is granted TDIU from May 5, 2008.

The Board has denied the Veteran's claims for service connection for antisocial personality disorder, bilateral hearing loss, tinnitus, left knee osteoarthritis, and right knee arthritis due to a finding that these conditions are not diseases or injuries subject to service connection.

The Board has decided to remand two issues: service connection for a back disability and service connection for a disability affecting the left-hand fingers. The Veteran's preexisting low back condition is presumed sound upon entry, but there is uncertainty about whether it was aggravated by service. For the left-hand fingers, there are questions regarding which digits are affected and if any current conditions can be linked to in-service injuries.

The Veteran's knee disabilities have been rated based on instability and limited extension. The appeal for ratings in excess of the assigned ratings has been denied.

The Board has dismissed the appeals for increased ratings for sciatic radiculopathy of both lower extremities and degenerative arthritis of the lumbar spine, as the Veteran withdrew his appeals in a hearing before the Board.

The Veteran's left ankle sprain and degenerative arthritis of the lumbar spine are now rated at their maximum schedular ratings, with a 20% rating for the right ankle posttraumatic arthritis. The decision grants these ratings throughout the appeal period.

The Veteran's service-connected other specified trauma and stressor related disorder is rated at 50 percent, which does not meet the criteria for a higher rating. The VA examiner found that his symptoms did not cause occupational and social impairment with deficiencies in most areas.

The Board has denied the Veteran's claims for increased ratings for right 5th metatarsal amputation and right leg length discrepancy with right hip osteoarthritis, as both conditions are rated at their highest available rating of 20 percent.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence to support a link between his current disabilities and his military service.

The Board has remanded the cases for further development and clarification of opinions regarding the severity of the Veteran's service-connected left ankle, left foot, and right foot disabilities. The issues include higher extraschedular ratings, a separate compensable rating, and TDIU prior to April 4, 2017.

The Veteran's service-connected foot disabilities alone do not preclude him from obtaining and maintaining substantially gainful employment, thus his claim for TDIU based solely on these conditions is denied.

The Veteran's low back disorder, diagnosed as degenerative arthritis with spinal stenosis, is granted service connection because the evidence shows it is at least as likely as not related to active service.

The Board has restored service connection for degenerative arthritis of the spine and bilateral knees, finding that the severance decision was improper due to a clear and unmistakable error in the November 2019 rating decision.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new medical opinion to determine the etiology of the lower back pain.

The Board has remanded the Veteran's claims for service connection for respiratory, back, left knee, and right knee conditions due to inadequate VA examination opinions.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10 percent. The Board has determined that a remand is necessary to assess the current severity of this disability and determine if it warrants a higher rating.

The Veteran's GERD symptoms are not productive of considerable impairment of health, and a higher rating is denied.,Prior to August 19, 2016, there was no formal claim for an increased rating for back disability or left shoulder disability. The increase in severity of the disabilities was not factually ascertainable in the one year prior to August 19, 2016.,The Veteran's left shoulder and bilateral knee disabilities have worsened since his last examination in 2016, and current examinations are needed before adjudicating these increased rating claims.,Lumbar spine disability: The matter is remanded for further evaluation.,Left shoulder disability: The matter is denied as the Veteran's claim was not received within one year of a prior decision.,Left knee instability: The matter is remanded for further evaluation.,Left knee degenerative arthritis manifested by limitation of extension: The matter is remanded for further evaluation.,Right knee degenerative arthritis: The matter is remanded for further evaluation.