Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful occupation prior to June 1, 2020.

The Veteran's claims for cervical spine and lumbar spine disabilities have been reopened, but the Board has determined that service connection is not warranted based on lack of nexus between current disabilities and service. The right hand and left hand disability claims are also remanded due to insufficient evidence.

The Board has granted service connection for degenerative arthritis and intervertebral disc syndrome affecting the Veteran's back and neck, finding that these conditions are at least as likely as not related to his active-duty service.

The Board has determined that the Veteran's claims for service connection for degenerative arthritis and an acquired psychiatric disorder are remanded due to insufficient evidence. The case will be returned for additional development.

The Board has remanded the claims for service connection for a low back disability and bilateral foot disabilities due to inadequate opinions in the September 2020 VA examination report. The diabetes claim is denied as there is no evidence of its onset during or within one year after service.

The Board has granted service connection for degenerative arthritis of the cervical spine and arthritis of the right hand, finding that the Veteran's current disabilities are at least as likely as not related to his military service.

The Board has determined that the Veteran's left ankle condition is related to his active service and grants service connection for this condition.

The Veteran's effective date for a 40 percent disability rating for degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is set to January 7, 2016. The effective date for left lower extremity neuropathy was also set to this date.,An earlier effective date for left lower extremity radiculopathy is not granted.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he satisfies both economic and non-economic components of a TDIU from November 9, 2017. However, the issue of entitlement to a TDIU on an extraschedular basis prior to November 9, 2017 is remanded.

The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.

The Veteran's back disability is granted as service-connected, and a rating of at least 40 percent for right lower extremity radiculopathy from April 21, 2020 is granted. The Veteran's PTSD claim remains pending due to the need for additional examination.

The Board has determined that additional examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection, as well as a remand is required for an initial compensable rating for right lower extremity scars.

The Veteran's right knee joint osteoarthritis is currently rated at 10 percent from September 13, 2018. The claim for earlier effective date of January 2, 2018 for the grant of service connection for right knee instability has been granted. New and material evidence has been received to reopen claims for left knee condition and back condition.

The Board has determined that the Veteran's left knee joint osteoarthritis had its onset during service and continues to this day, meeting the criteria for service connection.

The Board has denied a higher rating for the cervical spine disability prior to June 3, 2022 and remanded the issues of increased ratings for lumbar and LLE radiculopathy. The Veteran's claims are being returned to the AOJ for further development.

The Veteran's claims for service connection were received within one year of his retirement and remained pending until they were adjudicated in an August 2015 rating decision. The effective dates for the awards of service connection are set at July 1, 1995.

The Board has dismissed all claims related to the Veteran's knee conditions due to his death.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective January 19, 2023. The Board denied higher ratings for the lumbar spine disability prior to that date.

The Board has remanded the Veteran's claim for service connection for a right heel and/or ankle condition due to inadequate opinions in the March 2023 VA examination, as well as the need to obtain private medical records related to his treatment.

The Veteran's neck disability was granted a rating of 30 percent effective as of August 7, 2020. The back disability was also granted a rating of 40 percent effective as of January 28, 2020.