Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has determined that remand is necessary to obtain new VA examinations and a retrospective opinion for the Veteran's lumbar spine disability and right hip disability. The issues of rating higher for these conditions are being remanded.

The Veteran has withdrawn his appeal regarding the claims for left shoulder with degenerative arthritis involving the glenohumbral and AC joints, claimed as loss of use of left arm, and a neck condition. As such, these issues are dismissed.

The Board has determined that the Veteran's timely filing of a VA Form 9, Appeal to the Board, in January 2021 was not properly considered due to an error by the AOJ in not mailing the March 2020 SOC to the Veteran's representative. As a result, the appeal is granted and the case will proceed with issuance of an SSOC.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for bilateral shoulder disability and right lower abdominal hernia. The Veteran's vertigo is granted as secondary to service-connected hearing loss and tinnitus.

The Veteran's appeal for an increased rating in excess of 10 percent for right knee degenerative arthritis with strain was denied. The Board also found that the Veteran's left ankle disability is not service connected.,The Veteran's left ankle disability, diagnosed as a strain, has been denied service connection due to lack of evidence of disease or injury during service.

The Veteran's disability ratings for degenerative arthritis of the spine and bilateral lower extremity radiculopathy were reduced from 20% to 10%, but these reductions are found to be improper due to lack of improvement in function.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Veteran's appeals for increased evaluations of his service-connected asthma and lumbar spine disability have been dismissed as the Veteran withdrew his appeal in a written statement.

The Veteran's claims for service connection for low back disability, right knee disability, and left knee disability are remanded due to inadequate VA examinations. The Board finds the February 2019 and July 2019 VA examinations insufficient and requires additional evaluations.

The Veteran's degenerative arthritis of the spine is granted as service connected due to continuity of symptomatology and a causal relationship with in-service injury.

The Board has restored the Veteran's 30 percent ratings for left and right knee strain with osteoarthritis, effective June 1, 2024. The reduction from 30 to 20 percent was found improper due to lack of sustained improvement in disability.

The Board has granted service connection for pes planus, finding that the condition clearly and unmistakably existed prior to service and was aggravated by service.

The Veteran's appeal was denied for higher initial ratings for various conditions, including degenerative arthritis of the spine with IVDS, right and left upper extremity radiculopathy, and shoulder impingement syndrome. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA regulations.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine has been granted.,Claims for service connection for right hip strain with osteoarthritis and left hip strain with osteoarthritis have been remanded due to insufficient evidence.

The Veteran's lumbosacral spine disorder is granted service connection. The cervical spine condition is remanded for further evaluation.

The Veteran's service-connected other specified trauma and stressor related disorder, cervical spine degenerative arthritis with intervertebral disc syndrome, right upper extremity radiculopathy, left upper extremity radiculopathy, restless leg syndrome, CFS (Chronic Fatigue Syndrome), fibromyalgia, recurrent ulcer disability to include gastric ulcers, and heart disability to include coronary heart disease have been granted. The Veteran's service connection for these conditions is based on new evidence submitted since the last decision.

The Veteran's claim for service connection for IBS is granted. The Veteran's PTSD with alcohol use disorder is rated at 50 percent, effective October 3, 2019. The claims for a gastrointestinal disability other than IBS and left shoulder degenerative arthritis are remanded.

The Board has granted service connection for right and left knee degenerative arthritis, finding that the Veteran's current conditions are at least as likely as not related to his active military service.

The Board has remanded the claims for a spine disability and right leg radiculopathy due to potential errors in obtaining an adequate VA opinion regarding the relationship between the Veteran's service-connected conditions and his current disabilities.

The Board has determined that new and relevant evidence sufficient to warrant readjudication was received for the claims of entitlement to service connection for degenerative arthritis of the right hand and a right-hand ring finger condition. The claims are being remanded for further development.