Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's appeal for increased ratings and service connection was dismissed because the claims were not filed in response to a rating decision, which occurred more than one year prior.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's left knee condition is secondary to his service-connected right knee disability. The new examination must address both causation and aggravation.

The Veteran's claim for an earlier effective date prior to October 26, 2020 of a 30% increased rating for left knee disability is denied as the June 2011 rating decision was not appealed within one year and the earliest effective date assignable is October 26, 2020.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no current diagnosis of bilateral hearing loss per VA standards.,The restoration of the 20 percent rating for herniated lumbar disc L5-S1 and compression fracture T12 with degenerative arthritis from May 7, 2019, to the present was granted.

The Board has dismissed the appeal regarding earlier effective dates and initial ratings for cervical strain with degenerative arthritis and intervertebral disc syndrome, as well as right upper extremity cervical radiculopathy.

The Board dismissed the appeal regarding service connection for degenerative arthritis of the lumbar spine because the appellant requested to withdraw his appeal.

The Board has granted the Veteran's claim for service connection for right inferior pubic ramus stress fracture residuals, which resulted in osteoarthritis of the right hip. The decision is based on direct service connection due to an injury during active duty training.

The Veteran's claims for service connection and increased ratings have been granted, with effective dates of August 12, 2019. He is now entitled to a disability rating of 40 percent for degenerative arthritis of the lumbar spine.

The appeal for service connection for PTSD is dismissed as the Veteran's claim has been fully granted. The appeals for service connection for degenerative arthritis of the spine, left shoulder strain, and a left knee condition are remanded.

The Veteran's appeal for service connection was dismissed due to their passing away, as the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that there was a duty to assist error and transferred the claim to the Supplemental Claim decision review option for additional development. The Veteran's lumbar spine condition is currently rated at 20 percent, effective June 16, 2020. The Board finds remand necessary due to inadequate examination reports and failure to consider functional ankylosis.

The Veteran's left knee joint osteoarthritis is rated at a minimum of 10 percent, as it does not meet the criteria for higher ratings based on limitation of motion or other diagnostic codes. The current rating accurately reflects the disability.

The Board has determined that the Veteran's claims for higher initial ratings, service connection, and eligibility for Dependents' Educational Assistance (DEA) benefits must be remanded due to errors in obtaining relevant medical records from Social Security Administration (SSA), as well as errors in assessing the Veteran's employment status and his assertions regarding secondary service connection.

The Veteran's right and left knee disabilities have been granted a rating of 20 percent for each, effective from the date of the decision.

The Veteran's service-connected degenerative arthritis with arthralgia, status post meniscectomy of the bilateral knees is currently rated at 10 percent and denied for a higher rating.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine with spondylosis and intervertebral disc syndrome is granted, with a maximum rating of 40 percent. The claim for radiculopathy, left lower extremity (sciatic nerve) is also granted, with a maximum rating of 20 percent.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran withdrew his appeals regarding the August 2015 and October 2016 rating decisions, thus the Board has no jurisdiction to consider these appeals.

The Veteran's claim for a higher rating for intervertebral disc syndrome with lumbosacral strain and degenerative arthritis was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,Service connection for sleep apnea was also denied as there is no persuasive evidence linking his current condition to service, and secondary service connection was not established.

The Veteran's bilateral lower extremity radiculopathy and degenerative arthritis of the lumbar spine have been granted effective from February 1, 2011.,A separate noncompensable rating for bowel incontinence secondary to a lumbar spine disability has also been granted effective from February 1, 2011.