Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has granted service connection for cervical spine disability, lumbar spine disability, and radiculopathies of the femoral and sciatic nerves of bilateral lower extremities. The Veteran's headaches are also found to be related to service.

The Veteran's claims for increased ratings for left ankle and right shoulder disabilities were denied as his symptoms did not meet the criteria for higher evaluations under VA rating criteria.

The Board has granted the Veteran's new and relevant evidence claim for service connection of right hip disability as secondary to his service-connected right foot disability.

The Veteran's left knee surgery did not require at least one month of convalescence and resulted in severe postoperative residuals, thus the claim for a temporary total rating based on convalescence is denied.

The Board has determined that the VA examination obtained prior to the decision on appeal is inadequate for adjudication purposes and remands the case for corrective action, including obtaining additional medical records and scheduling a new VA examination.

The Board has remanded the Veteran's claims of service connection for right and left knee degenerative arthritis, as well as OSA prior to March 5, 2024. The claims are being remanded due to procedural errors in obtaining an adequate examination.

The Veteran's claims for increased ratings for degenerative arthritis and IVDS of the thoracolumbar spine, as well as radiculopathy in both lower extremities, are being remanded due to pre-decisional duty to assist errors. The VA examinations provided were insufficient for adjudication purposes.

The Veteran's service-connected mood disorder, panic disorder without agoraphobia, degenerative arthritis of the right hip, and degenerative arthritis of the left hip have resulted in his unemployability. The Board finds that these conditions meet the schedular prerequisite ratings for a TDIU.

The Veteran withdrew his appeals for service connection of mid/lower back musculoskeletal condition with degenerative arthritis, right hip condition with degenerative arthritis, left hip condition with degenerative arthritis, and left knee patellofemoral pain syndrome. As a result, the claims are dismissed.

The Board has granted the readjudication of the claim for service connection for left knee osteoarthritis and denied the readjudication of the claim for service connection for ingrown toenails.

The Veteran's claims for earlier effective dates for the grant of service connection for right and left knee osteoarthritis are denied as there is no legal basis for an earlier effective date.

The Veteran's claim for a higher rating for his service-connected right knee osteoarthritis status post right medial meniscectomy is remanded due to duty-to-assist errors.

The Veteran's service-connected knee disabilities, combined with his obesity, make him unable to secure or follow substantially gainful employment. The Board denied the TDIU claim as the Veteran's disabilities alone do not preclude him from securing and following a substantially gainful occupation.

The Board has granted service connection for left foot degenerative arthritis and increased the rating for left knee patellar tendonitis to 30 percent. A separate 10 percent rating is assigned for left knee instability.

The Board has remanded the claims of service connection for left hip disability and back disability (secondary to left hip disability) due to inextricably intertwined issues. The Veteran's current diagnoses are being evaluated, along with his service treatment records.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus remanded for further development and consideration.

The Veteran's 40 percent rating for limited extension, right knee degenerative arthritis was reduced to a noncompensable (0%) rating effective July 1, 2021. The Board found the reduction improper and restored the prior 40 percent rating.

The Veteran's service-connected disabilities, including bilateral pes planus and right hip osteoarthritis associated with bilateral pes planus, have precluded him from securing and maintaining a substantially gainful occupation since June 5, 2014. The Board has granted an effective date of June 5, 2014, but no earlier.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's right knee condition and its relationship to service or a service-connected disability.

The reduction in the disability rating for lumbosacral strain with osteoarthritis from 20 percent to 10 percent effective July 1, 2020 was not proper. The Veteran's condition has not improved enough to warrant a lower rating.