Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for service connection have been granted, with effective dates of February 1, 2019. The conditions are deemed to be directly related to his military service.

The Board has granted effective dates of December 7, 2015 for the service connection of bilateral flat foot with degenerative arthritis, left knee strain with shin splints, right knee strain with shin splints, right ankle degenerative arthritis, and left ankle degenerative arthritis.

The Board has determined that new evidence received after the prior final denial warrants readjudication of the claim for service connection for a right knee condition. The Veteran's tinnitus and asthma claims are denied, while her request to reopen her right knee condition claim is granted and remanded.

The Veteran's claims for an increased rating for a back condition and TDIU have been remanded due to the need for additional evidence and clarification of her disability status.

The appeal has been dismissed as the appellant requested to withdraw it.

The Board denied service connection for cervical spine osteoarthritis and tinnitus, finding no evidence linking these conditions to the Veteran's active duty service.

The Board has granted service connection for irritable bowel syndrome, left hip strain, right hip strain, and degenerative arthritis of the thoracolumbar spine (back condition) on a presumptive basis due to service in Southwest Asia. The Veteran's current disabilities are related to his active duty service.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, he is denied eligibility for financial assistance for automobile or other conveyance and adaptive equipment.

The Veteran's claims for higher ratings for his lumbar spine disability and TDIU prior to November 20, 2018 are being remanded due to duty-to-assist errors. The AOJ will obtain relevant private hospital records and schedule the Veteran for a VA examination to assess the severity of his service-connected lumbar spine disability.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The reduction of the rating for lumbar spine degenerative arthritis with intervertebral disc syndrome from 40 percent to 20 percent, effective December 9, 2020, was improper and the 40 percent rating is restored.

The Veteran seeks an earlier effective date for the award of service connection for his lumbar spine disability. The Board finds that no such claim was submitted prior to October 13, 2010.,The Veteran's appeal is remanded for a new VA examination and rating determination regarding his service-connected degenerative arthritis of the lumbar spine.

The Veteran's appeals for initial compensable ratings for left and right knee surgical scars, as well as his claims for higher ratings for various knee and hip disabilities, have been dismissed. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has granted service connection for cervical spine disability, left and right upper extremity radiculopathy, and bilateral carpal tunnel syndrome. The diagnoses are based on the Veteran's reported symptoms and medical evidence.,Service connection is established for these conditions as they are related to her active duty service.

The Veteran's initial 50% evaluation for degenerative arthritis of the lumbar spine is granted, and his prior evaluations for radiculopathy of the right and left lower extremities are also granted.

The Board denied the Veteran's claim for an earlier effective date prior to October 13, 2010, for his grant of service connection for left shoulder degenerative arthritis based on clear and unmistakable error (CUE), finding that CUE was not shown in the September 2003 rating decision.

The Board has found that the VA examinations provided were inadequate for rating purposes and did not substantially comply with the August 2023 remand instructions. The Veteran's right knee disability is currently rated as 10 percent disabling for limitation of flexion, but no rating is assigned for limitation of extension. The Board finds that an addendum opinion is necessary to address the ameliorative effects of medication on the Veteran's symptoms.

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.

The Board has granted service connection for bilateral osteoarthritis of the knees, finding that the Veteran's currently diagnosed condition is related to her military service.