Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claim for a higher evaluation of his IVDS with degenerative arthritis of the spine is granted, effective from May 12, 2017. The RO has continued to grant him a 40 percent evaluation since then.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Veteran's hallux valgus and osteoarthritis of the left great toe have been rated at the maximum schedular rating permitted (10 percent), and there are no alternative diagnostic codes available to support a higher rating.

The Board has determined that a remand is needed to clarify the relationship between the Veteran's right foot drop and his service-connected back disability and radiculopathy of the right lower extremity. The examiner should address whether the right foot drop is caused by or resulted from these conditions, and if so, whether it would have been less severe but-for the service-connected disabilities.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy, IVDS with degenerative arthritis of the spine and spinal stenosis, varicose veins of the right lower extremity, and tinnitus have been denied.,Service connection for a right knee disability has also been denied.

The Veteran's appeal for increased disability ratings for lumbar spine, right knee cruciate ligament reconstruction, and right knee osteoarthritis has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's claim for a rating in excess of 10 percent for his service-connected right wrist degenerative arthritis is denied as the evidence does not support an increase in disability beyond what is currently assigned.

The Veteran's hypertension is granted with a 10 percent rating, effective August 10, 2022.,Service connection for bilateral knee joint osteoarthritis and bilateral hand degenerative arthritis are granted.

The Board has decided to remand the Veteran's claims for earlier effective dates for increased disability ratings for her neck and low back disabilities. The RO must obtain retrospective opinions discussing the severity of her disabilities prior to November 2020.

The Board has granted service connection for tinnitus, bilateral hearing loss, and bilateral foot fungus. Service connection is also granted for degenerative arthritis of the lumbar spine, left ankle enthesopathy, right ankle enthesopathy with LCL sprain, osteoarthritis of the left knee, and osteoarthritis of the right knee.,The Board has remanded service connection for a left hip condition, right hip condition, and right shoulder rotator cuff condition.

The Veteran's claims for lumbar spondylosis and DDD, bilateral pes planus, gout, right knee degenerative arthritis and gout, left knee degenerative arthritis and gout, right great toe degenerative arthritis and gout, and left great toe degenerative arthritis were granted effective from May 7, 2010. The Board found no legal basis to award an earlier effective date for any of these grants.,The Veteran's claims for service connection for a lumbar spine disability, bilateral foot disability, knee disability, or great toe disability prior to May 7, 2010 were not pending and thus denied.

The Veteran's claims for increased disability rating, service connection for bilateral hearing loss, right knee condition, and sleep apnea are remanded due to inadequate VA examinations.

The Board has granted earlier effective dates of August 21, 2015 for the Veteran's service-connected right and left ankle disabilities.

The Veteran's appeal for an increased rating for left knee osteoarthritis was denied. The Board found that the Veteran's flexion in his left knee exceeded the required limitation of motion for a higher rating, but did not meet the criteria for a higher rating under DC 5003 or DC 5260. The Board also remanded the issues regarding service connection for right and left hip conditions due to insufficient evidence from a VA examination.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of service connection for a bilateral foot disorder. The decision on appeal did not explicitly address the right foot, but the available evidence supports finding current disabilities impacting both feet.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's neck condition is secondary to his service-connected back condition.

The Board has granted service connection for obstructive sleep apnea (OSA) secondary to posttraumatic stress disorder (PTSD), but the claims of erectile dysfunction, lumbosacral strain, and degenerative arthritis of the spine are remanded.

The Board has remanded the claim of service connection for a left shoulder disorder, as there is insufficient evidence to determine its etiology and a VA examination is needed.

The Board has granted service connection for the Veteran's left knee disability, including osteoarthritis, finding that it began during active service and continues to this day.

The Board has granted service connection for degenerative arthritis of the lower back, finding that it is related to the Veteran's active-duty service and assigning high probative weight to the Veteran's lay statements and a private medical opinion.