Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's claims for increased ratings for his bilateral knee disabilities are being remanded due to the need for further development and evaluation.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to determine if the Veteran's intermittent loose stools are related to service or an undiagnosed illness. The right knee disability remains under review with respect to potential CUE in the initial rating decision.

The Veteran's claims for increased disability evaluations and service connection have been granted. The reduction of the disability evaluation for instability of the right and left knees has been reversed, restoring the original ratings.

The Board has granted service connection for the Veteran's right hip disability, finding that it is related to his military service.

The Board denied service connection for eczema, bilateral foot condition, and cervical spine degenerative arthritis. The evidence did not support a finding that these conditions began during or were related to the Veteran's active duty.,There was no documentation of any skin condition, feet issue, or neck problem in the Veteran's service records.

The Veteran's claim for an increased disability rating for degenerative arthritis of the spine has been dismissed as the Veteran withdrew their request.,The reduction in the rating for bilateral pes planus from 50% to 30% was improper, and the 50% rating is restored. The RO must secure treatment records prior to making a decision on this issue.,The Veteran's claim for TDIU remains pending as there were pre-decisional duty-to-assist errors in obtaining her private treatment records.

The Veteran withdrew his appeals for right foot hallux valgus with degenerative arthritis and left foot hallux valgus before the Board could make a decision.

The Veteran's appeal for several disability ratings and an earlier effective date has been dismissed due to the Veteran's withdrawal of all issues on appeal.

The Veteran's initial compensable rating for cervicogenic headaches and his TDIU claim are both remanded due to the need for additional examination and consideration of extraschedular criteria.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to insufficient evidence in the record. The AOJ is instructed to obtain additional medical records, schedule a VA examination, and readjudicate the claims.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include right foot conditions, trigger finger of the right hand, and a thoracolumbar spine disability.

The Board has determined that the withholding of VA compensation benefits to recoup separation pay in the amount of $23,484.38 was proper and this appeal is denied as a matter of law.

Service connection is granted for sinusitis, allergic rhinitis, degenerative arthritis of the thoracolumbar spine, degenerative arthritis of the left shoulder, and degenerative arthritis of the right shoulder. Service connection is also granted for degenerative arthritis of the left ankle and right ankle.

The Veteran's appeal is remanded for additional examinations to determine the severity of his service-connected back and bilateral knee disabilities.

The Board has granted service connection for left ankle degenerative arthritis and lateral collateral ligament sprain, as well as right ankle strain and lateral collateral ligament sprain. The Veteran's combined disability rating is currently 70 percent.

The Board has determined that the Veteran's current right hip, knee, and leg conditions are not related to his military service. The evidence does not support a nexus between any of these conditions and an in-service injury or event.

The Veteran's claims for increased ratings and TDIU were denied. The left knee osteoarthritis was rated at 10 percent, while the right knee instability was rated at 20 percent prior to February 22, 2023, but not higher than 20 percent thereafter. The Veteran did not meet criteria for TDIU.

The Board has remanded the issues of entitlement to higher initial ratings for left elbow olecranon bursitis, left knee degenerative arthritis, right hip acetabular impingement syndrome with limitation of extension, flexion, and adduction, and left hip acetabular impingement syndrome with limitation of extension, flexion, rotation, and adduction.

The Veteran's claims for increased ratings are remanded due to procedural errors in obtaining relevant medical records and conducting examinations.

The Veteran's bronchial asthma is rated at 60 percent, but no higher. The Board found the evidence persuasive that his respiratory disability more closely approximated a 60 percent rating based on FEV-1 results. However, he does not meet the criteria for a TDIU due to service-connected disabilities as his other conditions do not preclude him from securing and following substantially gainful employment.