Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's knee disabilities are being remanded for additional development, including obtaining VA and private treatment records and scheduling an examination to assess the current severity of his service-connected left and right knee disabilities.

The Board has remanded the issues of service connection for hearing loss, left ankle collateral ligament sprain, left lower extremity sciatic nerve pain, left shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, myopia and retinal hole lattice degeneration (claimed as bilateral eye retina problems, thinning, and vision decrease), right ankle lateral collateral ligament sprain, right knee strain, right lower extremity sciatic nerve pain, right shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, a severe stomach and colon condition, fibromyalgia, steatohepatitis, vertigo and balance issues, and flat feet; and entitlement to increased evaluations for lumbosacral strain, GERD, left knee strain, restrictive lung disease, allergic rhinitis, PB, a skin rash, and tension headaches. The Veteran was also remanded for VA examinations to assess the current severity of his service-connected adjustment disorder with mixed anxiety and depressed mood and tinnitus.

The Veteran's claims for increased ratings were denied. The Board found that the left ankle disability did not meet or approximate criteria for a rating in excess of 10 percent at any time during the period on appeal, excluding the time period from January 26, 2018, through September 30, 2018, when he was in receipt of a 100% disability rating.

The Board has remanded the case for a new examination and medical opinion to address the Veteran's right hip/leg disability, including its relationship to service-connected disabilities.

The Veteran's appeals for increased ratings for his right shoulder, bilateral knees, and migraine headaches have been withdrawn. The claim of service connection for a lymph node disability (claimed as neck ulcer) is remanded. The claim of service connection for migraine headaches is also remanded.

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis and disc disease, left knee arthritis with history of meniscal tear, and right knee arthritis with history of meniscal tear due to inadequate VA examination reports. The Veteran is entitled to a new VA examination to determine the etiology of his disabilities.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The Board denied earlier effective dates for several service-connected conditions, including skin condition, flat feet, GERD, left knee condition, left wrist condition, and left wrist scar. The Veteran's fibromyalgia and hypertension were granted service connection.,Several issues are remanded for further review, including initial ratings for various disabilities.

The Veteran's lumbar spine disability was previously rated at 10 percent prior to August 1, 2019. The Board has now remanded the claim for a higher rating.

The Veteran's cervical strain with degenerative arthritis and stenosis is currently rated at 30 percent, but the evidence does not support a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection due to inadequate compliance with previous remand instructions.

The Board has restored service connection for degenerative arthritis and right knee strain, right ankle strain, right hip strain, impairment of the right thigh, and limitation of extension of the right thigh due to their relationship to the Veteran's service-connected left ankle condition.

The Veteran's service-connected disabilities, including anxiety disorder and bilateral foot disabilities, have rendered him unable to obtain or maintain substantially gainful employment since March 17, 2022. The Board has granted a TDIU rating for this period.

The Board has dismissed all service connection appeals due to the Veteran's death.

Service connection for degenerative arthritis of the spine is granted. A rating of 30 percent for headaches, effective as of August 28, 2018, is also granted. The claim for a higher rating for PTSD remains denied.

Service connection for Parkinson's disease is granted as presumptively related to herbicide exposure in Guam.,Service connection for degenerative arthritis of the thoracolumbar spine, secondary to service-connected Parkinson's disease, is granted.

Your claim for service connection for glenohumeral joint osteoarthritis of the left shoulder has been resolved in your favor with a grant of benefits effective November 21, 2019. As all requested benefits have already been granted, this appeal is dismissed as moot.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Board has remanded the case due to pre-decisional duty-to-assist errors regarding treatment records and a medical opinion on Allopurinol's effects.

The Veteran's hip and shoulder disabilities are being remanded for additional evaluations to determine their current severity.