Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has granted service connection for degenerative arthritis of the cervical spine, finding that the Veteran's continuous neck pain since service is sufficient to establish service connection.

Your appeal seeking service connection for your right knee iliotibial band syndrome and left knee degenerative arthritis has been dismissed as you submitted a supplemental claim while also filing an NOD, which is not allowed under the AMA.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and retrolisthesis, is related to his service. As a result, service connection for these conditions is granted.

The Veteran's claim for service connection for osteoarthritis of the thoracic spine was granted with an effective date set at May 2, 2019.

The Veteran's appeals for service connection and TDIU were dismissed due to untimely filing of the VA Form 10182, which was submitted more than a year after notification of the contested decision.

The Board dismissed the appeal as to the May 2024 grant of TDIU from November 27, 2019 because no issue remained in controversy.

The Board has determined that there was a pre-decisional duty to assist error and the Veteran's claim must be remanded for further development.

The Veteran's persistent depressive disorder is granted a 70 percent disability rating, effective February 26, 2018. The lumbosacral spine degenerative arthritis with IVDS and spinal stenosis is granted a 40 percent disability rating, effective August 10, 2018.

The Board has granted the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, which include bilateral knee conditions. The decision is subject to controlling regulations governing the payment of monetary awards.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.

The Veteran's claims for service connection and increased ratings have been denied. The effective date of the grants has not been established as they are based on the most recent supplemental claim received.

The Veteran's initial rating for an acquired psychiatric disorder was denied as his symptoms did not meet the criteria for a higher rating.,The Veteran's initial rating for thoracolumbar spine degenerative arthritis was also denied due to lack of evidence showing impairment that would warrant a higher rating.

The Veteran's claims for effective dates earlier than October 5, 2017, and January 25, 2019, for service connection have been denied as the evidence does not support an intent to file a claim prior to those dates.,The Veteran's claims for basic eligibility to DEA benefits under Chapter 35 have also been denied due to lack of permanent total service-connected disability.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has found that an increased rating beyond this level is not warranted based on the evidence of record.

The Board has granted an effective date of April 30, 2020 for the award of a 20 percent evaluation for lumbar spine strain with degenerative arthritis.

The Board has granted service connection for obstructive sleep apnea, degenerative arthritis thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis on a secondary basis to the Veteran's service-connected disabilities.,The decision also remanded the claim for entitlement to service connection for skin cancer.

The Veteran's claim for service connection for vertigo disability, which is secondary to his service-connected cervical spine degenerative arthritis and tinnitus, has been remanded due to the need for additional medical opinions regarding causation and aggravation.

The Board has granted service connection for plantar fasciitis, diabetes mellitus type 2, hypertension, right knee osteoarthritis, left knee osteoarthritis, and radiculopathy of the lower extremities. Service connection was denied for lumbar spine disorder and bowel and bladder disorders.

The Veteran's claims for an effective date prior to March 1, 2019, and a higher initial rating for his left knee condition are remanded due to the need for additional medical opinions.