Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has decided to remand the case due to a failure to obtain an opinion regarding whether the Veteran's service-connected right wrist disabilities caused his left wrist osteoarthritis and aggravated it.

The Board has decided to remand the case due to new evidence being added since the last decision, and the Veteran's request for AOJ review of this evidence.

The Veteran's service-connected degenerative arthritis of the lumbar spine with DDD is granted an initial disability rating of 40 percent, effective February 4, 2015.

The Veteran's ratings for thoracolumbar spine degenerative arthritis with intervertebral disc syndrome and left lower extremity radiculopathy are restored to their effective dates. The Veteran is also remanded for a VA examination to determine the current severity of his service-connected disabilities, including whether he has right lower extremity radiculopathy.

Service connection for PTSD is granted. Increased ratings are granted for IVDS with degenerative arthritis and vertebral fracture with bilateral thoracic radiculopathy of the ventral and dorsal ramus nerves, right lower extremity sciatic radiculopathy, left lower extremity sciatic radiculopathy, and left ankle pilon fracture residuals.

The Board has remanded the Veteran's claims for service connection for spinal stenosis of the cervical spine and degenerative arthritis of the lumbar spine due to incomplete development and lack of a clear opinion regarding the onset of these conditions during service.

The Veteran's right foot degenerative arthritis with pes planus, plantar fasciitis, and hammer toes is rated at 30 percent from November 14, 2022 through March 22, 2023. The separate rating for peripheral neuropathy of the right foot remains at 40 percent.

The Veteran's claim for a rating in excess of 30 percent for her service-connected right foot disability was denied. The Board found that the evidence did not support entitlement to such a higher rating from September 15, 2014.

The Board has remanded three issues related to the Veteran's right and left Achilles tendonitis, as well as his right knee patellofemoral pain syndrome with osteoarthritis. Additional development is needed to verify the Veteran's complete periods of active duty and obtain any service treatment records from those periods.

The Board has remanded the cases of low back disorder and obstructive sleep apnea for further development due to insufficient evidence in some areas.

The Board has found that there has not been substantial compliance with its directive to obtain VA examinations for the Veteran's service-connected disabilities. Therefore, another remand is necessary.

The Board has found that additional development is needed to determine if any of the Veteran's VA records were erroneously associated with another Veteran's claims file. The Board also finds that a new VA opinion is required to address the likely onset and etiology of the Veteran's diagnosed insomnia, as well as whether it is at least as likely as not related to his service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a low back disorder, diagnosed as osteoarthritis with degenerative disc disease. The most probative evidence of record shows that the Veteran's low back disability had its onset in service and has continued since.

The Veteran's TDIU claim is remanded due to the need for a final decision on his service connection claims before proceeding with the TDIU determination.

The Veteran's claims for increased initial disability ratings for service-connected degenerative arthritis of the spine and spondylosis are remanded due to unclear range of motion measurements during flare-ups.

The Board has granted service connection for the Veteran's bilateral knee disability and remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal is remanded for several issues, including initial compensable rating for atopic dermatitis and service connection for PTSD, unspecified depressive disorder and moderate alcohol use disorder, sleep disturbances, chronic headaches, keratitis/corneal ulcer, chronic bronchitis, sinusitis, enlarged cervical right side submandibular lymph node, gastroesophageal reflux disease (GERD), and muscle and joint pain (unspecified).

The Board has determined that a remand is necessary to address all theories of entitlement to service connection for the Veteran's degenerative arthritis of the lumbar spine, including direct service connection and aggravation by service-connected conditions.

The Board has remanded the case due to a duty to assist error regarding the Veteran's diagnosis of wrist strain in 2016, and for obtaining relevant medical records. The Veteran is seeking service connection for his left wrist disability, including TFCC tear and degenerative arthritis.

The Veteran's claim for a higher rating for his back disability and radiculopathy of the right lower extremity was partially granted, with restoration of a 20 percent rating for radiculopathy of the RLE effective February 12, 2020. The rating for IVDS with degenerative arthritis changes remains denied.