Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's initial ratings for degenerative arthritis of the lumbar spine and cervical spine have been granted, but the case is remanded due to issues with his left upper extremity radiculopathy.

The Veteran's lumbar degenerative arthritis disability is rated at 40 percent from June 1, 2022. The rating reflects the severity of his condition which limits his ability to perform activities like bending and lifting.

The Board has granted service connection for headaches and DDD of the lumbar spine, finding that these conditions are at least as likely as not related to military service. Service connection was denied for degenerative arthritis of the cervical spine due to insufficient evidence.

The Veteran withdrew all claims for service connection, including those related to cervical condition (neck), left shoulder degenerative arthritis with rotator cuff tendonitis, and peripheral neuropathy, left upper extremity. The Board dismissed these issues as a result of the withdrawal.

The Board has remanded the issues of service connection for PTSD, initial rating for right shoulder disability, and rating for left shoulder scar from November 24, 2020 to February 5, 2021. The Veteran's claim for PTSD is reopened due to new evidence received after a prior denial.

The Board has granted an initial evaluation of 40 percent for right lower extremity radiculopathy and has remanded the issue of entitlement to a higher evaluation for lumbar spine disability.

The reduction of the Veteran's 20 percent rating for degenerative arthritis of the spine was not proper, and the 10 percent rating is restored.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's left and right knee osteoarthritis are rated at 10 percent each, with no higher rating due to the severity of their symptoms. The adjustment disorder with depressed mood is also rated at 10 percent.,Service connection for sinusitis was denied.

The Board has granted attorney fees in the amount of $608.82 for past-due benefits awarded in an April 2023 rating decision.

The Veteran's GERD is granted as secondary to NSAIDs used for his service-connected lumbar degenerative arthritis status post discectomy and bilateral shoulder strain.

The Veteran's bilateral knee replacement surgery on February 13, 2019, is entitled to a temporary total disability rating under the old criteria for one year from April 1, 2019.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating. The Board finds there is not sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities and that TDIU benefits are not warranted because the Veteran is not unable to obtain and sustain financially gainful employment due to service-connected disabilities.

The Board has granted service connection for a lower back disability and right lower extremity radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Board has restored the Veteran's entitlement to Special Monthly Compensation (SMC) at the housebound rate, effective May 1, 2024, as his service-connected PTSD and other disabilities combined to meet the criteria for SMC.

The Veteran's claims for service connection for lumbar disability and related radiculopathies have been granted with effective dates of February 24, 2017.

The Veteran's lumbosacral strain/degenerative arthritis resulted in limitation of forward flexion to 25 degrees, and a 40 percent disability evaluation was granted. The claims for psychiatric disorder (to include PTSD), headaches, chronic sinusitis, and dermatitis were remanded.

The Board has determined that the Veteran's claims for service connection of right and left ankle conditions, as well as right and left knee conditions, are remanded due to inadequate examination opinions.

The Veteran's appeal for an initial rating in excess of 10 percent for right knee degenerative arthritis was dismissed because the August 2020 rating decision did not constitute an initial decision under the AMA and remained in the Legacy review system.

The Board has granted the Veteran's claim for service connection for right foot pain, including pes planus, plantar fasciitis, Morton's neuroma, degenerative arthritis, and hammer toes. The decision is based on a finding that these conditions are related to his military service.