Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and need for clarification of his knee and shoulder disabilities.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing VA medical records, lack of ankylosis evaluation, and potential unemployability.

The Board has remanded the claims for service connection and TDIU due to joint disease disability, as well as pension benefits prior to March 19, 2021, and special monthly pension. The Veteran's joint disabilities are being examined again to determine their etiology.

The Veteran's appeal for higher ratings for his left and right knee disabilities is being remanded due to the need for additional examination and consideration of new evidence.

The Veteran's left shoulder disability is rated at 10 percent, and the case is remanded for further development.,Service connection for degenerative arthritis of the lumbar spine and dextroscoliosis is denied as there is no evidence that these conditions are related to service.

The Board has granted earlier effective dates of May 11, 2013 for the awards of service connection for various conditions including PTSD and major depressive disorder with TBI residuals, migraine headaches, left knee osteoarthritis with chondromalacia patella, right knee osteoarthritis with chondromalacia patella, thoracolumbar spine degenerative disc disease, tinnitus, and scars of the bilateral knees, left calf (other impairment).

The Veteran's service-connected PTSD, along with other disabilities, has rendered him unable to secure or follow substantially gainful employment since November 8, 2010. Effective from that date, he is granted a total disability rating based on individual unemployability and basic eligibility for Dependents' Educational Assistance.

The Veteran's cervical spine disability was previously rated at 10% prior to November 20, 2018. From November 20, 2018, to July 30, 2020, the rating was increased to 20%. Since then, a higher rating has not been granted.

The Veteran's service-connected disabilities, including coronary artery disease, Meniere's disease, diabetes, tendonitis of the right wrist, mild osteoarthritis of the left knee, and mild osteoarthritis of the right knee, prevent him from securing or following substantially gainful employment prior to November 6, 2015. The Board has granted a TDIU based on these service-connected disabilities.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's back disability, rhinitis, and other conditions. The VA will attempt to obtain relevant private treatment records from WHC and Dr. S., as well as any outstanding VA treatment records. A new VA examination will be scheduled for these claims.

The Board denied the Veteran's claim for service connection for bilateral pes planus, finding that his preexisting condition did not increase in severity beyond its natural progression during service.

The Veteran's claim for service connection of bilateral pes planus and right knee osteoarthritis (secondary to left knee degenerative arthritis) is reopened, but the Board did not make a final determination on these claims.

The Board has granted the petition to reopen claims for service connection for left and right knee disabilities. However, both issues are remanded due to insufficient nexus opinions in the prior VA examination.

The reduction in evaluation from 20 to 10 percent for service-connected lumbar spine disability was improper, and the 20 percent rating is restored. The Veteran's claim for an increased rating for his lumbar spine disability includes consideration of whether the reduction in the assigned rating was proper.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, effective November 7, 2014. The Board finds that the evidence does not show limitation of forward flexion to 30 degrees or less, even when considering pain and other factors, so a higher rating is not warranted.

The Board has remanded the claims for service connection due to incomplete examinations and scheduling issues.

The Veteran's claims for service connection for bilateral knee and ankle disorders were denied in a December 2015 rating decision.,The Veteran filed new claims on October 4, 2018, seeking effective dates prior to October 4, 2018, for the grant of service connection for his right and left knee and ankle disabilities. The Board found that these claims were not timely filed as they did not meet the requirements for reopening a previously denied claim.,The Veteran's representative argued that there was CUE in the December 2015 rating decision, but this argument is not valid because jurisdiction over an earlier effective date appeal does not extend to allegations of CUE in a prior final rating decision.

The Veteran's service-connected disabilities prevent him from performing the physical acts required for employment, and therefore compensation for TDIU is granted.

The Veteran's right ankle disability is rated at 20 percent since November 21, 2018. The appeal for higher ratings prior to that date was denied. Service connection has been granted for left ankle, right hip, and left hip disabilities as secondary to the service-connected right ankle disability.

The Veteran's bilateral hearing loss was rated at a noncompensable disability rating from March 18, 2008 to January 8, 2015 and granted a 10% disability rating effective November 9, 2001 for his left ear hearing loss and April 23, 2007 for his right ear hearing loss. The Veteran is seeking a 10% disability rating from March 18, 2008 to January 8, 2015.,The Veteran's lumbosacral spine degenerative arthritis with DDD was rated at a noncompensable disability rating prior to October 19, 2020 and denied an increased rating. The Veteran is seeking a 40% disability rating from April 7, 2016.