Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's service-connected left and right elbow degenerative arthritis are rated at 10 percent each, as the evidence does not show limitation of motion that warrants a higher rating.

The Veteran's service connection claims for degenerative arthritis of the thoracolumbar spine, tinnitus, headaches, allergic rhinitis, and OSA are all granted.,Service connection is established for bilateral hearing loss due to the dismissal of the appeal.

The Board dismissed the appeals for various conditions and issues as they were found to be duplicative.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 26, 2010. Effective that date, the Veteran is granted an effective date for his TDIU and eligibility to Chapter 35 Dependents' Educational Assistance.

The Veteran's claim for a rating greater than 30 percent for pes cavus with bilateral painful callous formation and hammer toes on each foot, status-post hammer toe correction with degenerative arthritis was denied.,The Veteran's claims for compensable ratings for residual scars right foot/toes and left foot/toes were both denied.,The Veteran's claim for an effective date earlier than October 3, 2022, for his residual scars right foot/toes was also denied.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted his claim for a TDIU.

The Veteran's appeal for increased evaluation of right knee chondromalacia was denied as the evidence did not support a higher rating prior to March 2018. The appeals for left knee condition, hypertension, lower back with bulging disc (now claimed as low back condition), sleep apnea, and right hip trochanteric bursitis, mild osteoarthritis were all denied.

The Board denied increased ratings for degenerative arthritis of the left and right knees, as well as a major depressive disorder with anxious distress. The Veteran's knee disabilities were rated at 10 percent each, while his shoulder disability was rated at 20 percent.

The Veteran's claims for service connection of OSA and neck strain were denied. The ratings for left knee osteoarthritis, right knee osteoarthritis, slight instability of the left knee, and instability of the right knee have been granted with specific rating levels.

The Board has determined that the Veteran's claims for an initial rating in excess of 10 percent for his service-connected degenerative arthritis of the thoracolumbar spine, service connection for a chest disorder (including arthritis and costochondritis), and service connection for a psychiatric disorder (including PTSD) are remanded due to the need for additional examinations and consideration.

The Veteran's claim for increased ratings for various conditions, including lumbar spine degenerative arthritis with IVDS, spinal stenosis, and spondylolisthesis, S/P lumbar fusion, left ankle sprain and closed fracture of lateral malleolus, right ankle sprain, hyperhidrosis, and anal sphincter weakness with episodes of incontinence, was denied. The appeal for increased ratings is dismissed.

The Board has remanded several claims for further development, including right foot plantar fasciitis, cervical and lumbar spine degenerative arthritis, right knee meniscal tear, and service connection for an acquired psychiatric disability. The Veteran's claims are being returned to the RO for additional examination and opinion.

The Veteran's claim for a rating in excess of 10 percent for osteoarthritis and cervical spine disability is remanded due to the need to obtain private chiropractic treatment records.

The Board denied service connection for a joint disability including degenerative arthritis of the left index finger interphalangeal joint and mild osteoarthritis of the left hand, finding that there was no credible evidence showing these conditions began during active service or were related to an in-service injury or disease. Service connection for HSV was also denied.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's right knee disorders and their relationship to service. The case will be returned for further examination and opinion.

The Board has remanded the Veteran's claims for additional development due to conflicting medical opinions regarding whether his right knee disorder is secondary to his service-connected left knee disabilities. The Veteran's right knee strain was not found to be proximately due to or the result of his service-connected left knee disabilities.

The Veteran's initial disability rating for miliaria was granted at 30 percent effective April 26, 2018. The increased rating claim for right hip osteoarthritis (limitation of flexion) was denied. Service connection was established for left hip osteoarthritis as secondary to service-connected right and left knee disabilities, degenerative arthritis of the spine, and deviated septum. Service connection for right shoulder osteoarthritis was also granted.

The Veteran's right knee disability, including limited extension and instability, is rated at 20 percent. The left knee disability, including a meniscal condition and instability, is also rated at 20 percent. Effective May 19, 2011, the Veteran receives these ratings.

The Board has denied the Veteran's claim for service connection for a heart disability, finding that there is no evidence of its onset during or within one year after service. The appeal was also remanded for additional examinations and opinions regarding his right elbow, right upper extremity cubital tunnel syndrome, bilateral lower extremity neuropathies, and left upper extremity peripheral neuropathy.

The Veteran's bilateral knee disabilities, specifically right and left knee degenerative arthritis, were denied increased ratings. However, a separate additional 10 percent rating was granted for limitation of extension in both knees.