Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's claim for an earlier effective date for a 20 percent rating for his right shoulder disability is denied. The Board finds that the Veteran did not meet the criteria for a higher rating in the year prior to June 7, 2018. The case is remanded for further development regarding entitlement to increased ratings and TDIU.

The Veteran's service-connected disabilities, primarily his left foot disability and back disability with associated radiculopathy of both lower extremities, prevented him from securing and following a substantially gainful occupation prior to May 22, 2023. The Board granted a TDIU on an extraschedular basis effective April 10, 2018.

The Veteran's right knee disability is rated at 60 percent since April 29, 2021. The cervical spine and glaucoma claims are denied as secondary to service-connected disabilities. Service connection for a lumbar spine disability remains denied.

The Board has denied the Veteran's claims for service connection for cervical DDD, right shoulder degenerative arthritis, and left shoulder degenerative arthritis as there is no evidence to support a direct relationship between these conditions and his military service.

The Veteran's claims for higher initial ratings for his back and right knee disabilities are being remanded due to the need for additional development, including obtaining an addendum opinion on functional loss during flare-ups and a VA examination to determine the current severity of his service-connected right knee disability.

The Veteran's June 6, 2012 claim for service connection of insomnia reasonably raised a claim of entitlement to service connection for an acquired psychiatric disorder in addition to a claim of service connection for insomnia. The effective date is granted as June 6, 2012.,The earliest date as of which it is factually ascertainable that symptoms of left lower extremity radiculopathy had occurred is March 5, 2014. The effective date is denied.

The Board has granted service connection for right ankle strain and right knee osteoarthritis, finding that the evidence is at least evenly balanced as to whether these conditions had their onset in service.

The Veteran's service-connected left and right ankle conditions have not met the criteria for a rating in excess of 10 percent.

The Veteran's claim for an evaluation in excess of 70 percent for PTSD and a TDIU prior to August 25, 2022 was denied due to the severity, frequency, and duration of his PTSD symptoms not meeting the criteria for a higher rating.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new VA examination for right knee strain.

The Board has remanded the Veteran's claims for chronic right and left knee disabilities due to inadequate opinions in the June 2018 VA examination. The Veteran contends his current knee conditions are related to his active duty service as a paratrooper.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional examinations and evaluations.

The Board denied the Veteran's claims for an effective date prior to June 6, 2017 for the grant of service connection for left knee osteoarthritis and scars. The decision is based on the finality of previous rating decisions and the lack of a pending claim before the current effective date.

The Veteran's claims for increased ratings for degenerative arthritis of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to inadequate examination findings. The VA will schedule a new examination to assess the severity of these conditions.

The Veteran's TBI is rated at 10 percent, effective July 11, 2015.,Degenerative arthritis of the spine with degenerative disc disease status post vertebral fracture is also rated at 10 percent, effective July 11, 2015.

The Board has remanded the claims of service connection for right and left wrist disabilities as secondary to service-connected carpel tunnel disabilities due to inadequate medical opinion regarding aggravation.

The Veteran's claim for an effective date prior to October 29, 2021, and a rating greater than 20 percent for his lumbar spine disability including degenerative arthritis, spinal stenosis, IVDS, and thoracic fusion was denied. The Board found that the earliest effective date considered is October 29, 2021.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Board has granted the Veteran's claim for service connection for a right hip condition as secondary to his service-connected right knee disability and hypertension. The evidence shows that the Veteran's right hip osteoarthritis developed due to his service-connected right knee disability, and he also has a current diagnosis of hypertension.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining and considering certain records, including SSA disability claim records and in-service hospital records. The Veteran is also required to undergo additional VA examinations to address his claims.