Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has remanded the claims for erectile dysfunction, diabetes mellitus type II, and left knee degenerative arthritis due to a duty to assist error. The Veteran's service-connected left leg disability is not considered in determining whether these conditions are secondary.

The Veteran's claim for a higher rating for cervical strain and degenerative arthritis is being remanded due to the inadequacy of the VA examination conducted in May 2021. The examiner did not address whether there was functional ankylosis or incapacitating episodes, nor did they assess the length of convalescence required following the July 2020 neck surgery.

The Veteran's appeals for increased ratings for his left hip conditions have been dismissed due to his death while the appeal was pending.

The Board has granted effective dates of December 7, 2016 for the grants of service connection for degenerative arthritis of the cervical spine and bilateral shoulder strains. The Veteran's claims were not considered until after VA treatment records from July 2017 were added to her file.

The Veteran's claims for service connection for peroneal tendonitis of the right ankle with instability and left knee osteoarthritis as secondary to that condition are granted. The claim for service connection for right knee osteoarthritis is remanded due to lack of evidence linking it to service or a service-connected disability, while the claim for right lateral epicondylitis (right elbow) is also remanded.

The Board has denied the Veteran's claim for service connection for a left shoulder disorder, to include degenerative arthritis, finding that there is no evidence of a chronic condition in service or within one year after service. The examiner opined that the current left shoulder disorder is less likely than not related to service.

The Veteran's claim for an earlier effective date for service connection for degenerative disc disease of the cervical spine was denied.,The Veteran's claim for an earlier effective date for service connection for degenerative arthritis, left knee was denied.,The Veteran's claim for an earlier effective date for service connection for degenerative arthritis, right knee was denied.

The Veteran's appeal was denied as his obstructive sleep apnea and right shoulder disability were not productive of chronic respiratory failure or cor pulmonale, nor did they require a tracheostomy. The effective date for the initial rating of 50 percent for obstructive sleep apnea is October 4, 2011.,The Veteran's right shoulder disability was denied in a final decision and reopened with new evidence filed on August 22, 2013. An initial 20 percent rating has been assigned since then.

The Veteran's appeals for service connection on three issues have been dismissed due to their death.

The Veteran's claims for service connection for various conditions, including bone and endocrine disorders, right and left dry eye syndrome, cervical spine DDD, foot osteoarthritis, lumbar spine arthritis, and right shoulder radiculopathy, have been denied. The Board found no evidence of a chronic disease or injury during service that could be linked to the current conditions.

The Board has determined that the Veteran's current thoracolumbar spine disability is proximately due to his service-connected cervical spine disability, granting service connection for this condition.

The Veteran's left shoulder disability, osteoarthritis of the left hip (limitation of extension), and hypertension have been rated based on their current functional limitations. The psychiatric disorder has been rated as a separate condition.,Further evaluation is needed to determine if there are any additional factors that may warrant higher ratings for these conditions.

The Veteran's lumbosacral strain and degenerative arthritis of the spine are granted service connection as they are related to his in-service carrying of heavy loads on his back. The right shoulder impingement syndrome and rotator cuff tendonitis case is remanded for further review.

The Veteran's sleep condition is not supported by current medical evidence.,There is no evidence of a left wrist or right wrist condition during service, and the conditions are not related to service.,There is no evidence of a right shoulder condition during service, and it is not related to service.,Parkinson's Disease with dystonia is not supported by current medical evidence.,Headaches are not supported by current medical evidence.,The Veteran has bilateral hip arthritis and degenerative arthritis of the left glenohumeral joint, which may be related to service. However, there is no direct evidence linking these conditions to service.

The Veteran's right wrist osteoarthritis and right little finger fracture are rated at the maximum allowed under VA rating criteria, with no higher ratings available.,The Veteran's 5th metacarpal fracture is currently rated as noncompensable due to lack of ankylosis or other compensable factors. The Veteran's migraines remain rated at 50 percent, which is the highest possible rating under VA regulations.,The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU), as this issue was not fully adjudicated in the initial decision.

The Board has remanded the claims for increased ratings for right and left knee conditions due to a pre-decisional duty to assist error in obtaining an adequate VA examination.

The Board has found that the AOJ issued a decision without waiting for service records to complete transit and without determining they were unavailable. The Veteran's representative contends earlier effective dates are warranted due to incomplete service records at the time of original denials. The Board agrees and remands for de novo reconsideration.

The Board denied the Veteran's claim of service connection for a right knee condition due to lack of credible evidence linking his current disability to an in-service injury.

The Veteran's claim for a higher rating for his lumbosacral strain and degenerative arthritis of the lumbar spine prior to December 17, 2019 is being remanded due to missing private medical records from his March 2016 lumbar microdiscectomy.

The Board has granted service connection for left shoulder AC joint osteoarthritis, left knee strain, and right knee strain. The Veteran's in-service injuries are found to be related to his current disabilities.