Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has decided to remand the case due to inadequate examination in determining the severity of the Veteran's right knee disability, specifically regarding loss of range of motion during flare-ups and repetitive use.

The Board has remanded the claims for increased disability evaluation, effective date prior to March 2, 2012 for service connection of a right knee scar, and extension of temporary total rating due to convalescence from right knee surgery.

The Board has remanded the Veteran's claims for service connection for left and right knee osteoarthritis due to a pre-decisional duty to assist error.

The Board denied earlier effective dates for the Veteran's service connection claims for left knee strain with osteoarthritis and left knee meniscal and anterior cruciate ligament tears, finding that the earliest date of claim was June 5, 2019.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for low back disability, right shoulder osteoarthritis, and left arm neuropathy. The heart disability, GERD, and sleep apnea claims remain denied.

The Board has determined that new evidence received since the September 2019 denial supports readjudicating the claim for service connection for degenerative arthritis of the spine. The appeal is remanded to obtain additional records and a medical opinion regarding the etiology of the Veteran's condition.

The Veteran's claim for service connection for a cervical strain is denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.,Service connection for spondylosis of the lumbar spine, radiculopathy of the right lower extremity (sciatic nerve), left knee osteoarthritis with osteophyte formation, right knee chondromalacia with degenerative changes, and right hip strain with limitation of extension are all denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.

The Board has granted service connection for right knee osteoarthritis and partial meniscectomy residuals, as well as left knee osteoarthritis, finding that these conditions originated during active military service.

The Veteran's claims for increased ratings and earlier effective dates are remanded due to duty to assist errors, including a need for another examination of his left knee condition.

The Board has granted service connection for the Veteran's back disability, diagnosed as Degenerative Disc Disease with IVDS and right lower extremity radiculopathy, finding that it had its onset during service.

The Veteran's back disability is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 10 percent. The Board has found that a rating in excess of 40 percent for the back disability is warranted due to functional loss during flare-ups. The issues of entitlement to separate ratings for the lower extremities have been remanded.

The Veteran's claims for higher ratings for his shoulder, hip, knee, and ankle disabilities have been denied as the evidence does not support a rating in excess of the current 20 percent or 10 percent ratings assigned.

The Board has granted service connection for degenerative arthritis with degenerative disc disease of the lumbar spine, finding that it was incurred in service and is related to the Veteran's in-service back injuries.

The Board has granted the Veteran's claim for service connection for right-sided sciatica, finding that it is secondary to his service-connected degenerative arthritis of the lumbar spine.

The Board has determined that the Veteran's lumbar spine disorder, diagnosed as degenerative arthritis, lumbar spondylosis with facet joint disease, and lumbar degenerative disc disease, is at least as likely as not related to his active duty service.

The Board has remanded the Veteran's claims for bilateral ear disability, tinnitus, sleep disorder, right knee disability, and left knee strain with degenerative arthritis due to incomplete development of records and inadequate medical opinions. The claims are being returned for further development.

The Board has restored the Veteran's original 20 percent rating for cervical strain with degenerative arthritis, as the reduction to a 10 percent rating was improper due to an inadequate VA examination.

The Veteran's service-connected left ankle, knee, and hip disabilities have rendered him unable to secure or follow substantially gainful employment, warranting a TDIU effective June 30, 2013.

The Veteran's left total knee replacement is rated at 60 percent from September 1, 2021 to July 22, 2022.

The Board denied the Veteran's claims for earlier effective dates for service connection of cervical spine degenerative arthritis and bilateral upper extremity radiculopathy disabilities, finding that the earliest claim was filed on September 27, 2018.