Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for service connection for bilateral hip osteoarthritis and knee conditions have been granted. The claims for service connection for the Veteran's bilateral knee conditions are being remanded due to inadequate examination.

The Veteran's claim for an increased rating in excess of 10 percent for left fifth metatarsal phalangeal joint dislocation residuals with degenerative arthritis is being remanded due to a pre-decisional duty-to-assist error and the need for a retrospective opinion regarding the functional impairment of the Veteran's joint condition.

The Veteran's claims for increased ratings in excess of the current 10 percent ratings for bilateral hearing loss, right foot degeneration with arthritic changes, left knee degeneration with limitation of flexion, right knee degeneration with limitation of flexion, left knee degeneration with limitation of extension, right knee osteoarthritis with limitation of extension, and right knee meniscal tear have all been denied. The Veteran's hearing loss is rated at 0 percent due to the exceptional pattern in his right ear. His foot and knee disabilities are currently rated as 10 percent each.

The Veteran's claim for an initial rating in excess of 20 percent for left lower extremity radiculopathy is denied.,The Veteran's claims for effective dates prior to August 29, 2013 for the grant of service connection for degenerative arthritis of the thoracolumbar spine and migraine headaches are both denied.,Both back disability and migraine headache claims have been remanded due to inadequate examination reports.

The Veteran's right knee disability was rated at 20 percent, but the Board found that it did not warrant a higher rating due to limited flexion of the knee.

The Board has determined that the Veteran's periodontal disease is not related to service, and thus denied his claim for service connection.,The VA must provide a VA examination for foot disorders due to pre-decisional duty-to-assist error. The examiner will determine if the current foot disorder is at least as likely as not related to service.,The VA must provide a VA examination for knee disorders due to pre-decisional duty-to-assist error. The examiner will determine if the current knee disorder is at least as likely as not related to service.,The VA must provide a VA examination for back disorders due to pre-decisional duty-to-assist error. The examiner will determine if the current back disorder is at least as likely as not related to service.,The VA must provide a VA examination for elbow disorders due to pre-decisional duty-to-assist error. The examiner will determine if the current elbow disorder is at least as likely as not related to service.

The Veteran's claims for an earlier effective date and a higher initial rating for his service-connected degenerative arthritis of the cervical spine are being remanded due to inadequate VA examination.

The Veteran's skin condition and right knee disability were denied, while the claim for service connection for tinnitus was remanded.,The Veteran's skin condition did not meet criteria for a compensable rating. The right knee disability was also denied as it did not show limitation of motion or instability.

The Veteran's claims for service connection for an acquired psychiatric disability and a back disability were denied due to lack of new relevant evidence. The Board found that the Veteran did not provide any new evidence that could prove or disprove their claim, and thus, the claims are denied.

The Board has dismissed all appeals due to the appellant's withdrawal of all pending appeals.

The Board has remanded the Veteran's claims for service connection due to errors in pre-decisional duty to assist, including a lack of VA examination and opinion regarding TMJ disorder and thoracolumbar spine disorder.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's right knee condition, including pain, is related to his service-connected left knee condition. The case will be reviewed with a new opinion that considers the relationship between any right knee condition and the Veteran's service-connected left knee condition.

The Veteran's appeal for an increased evaluation of his right knee disability was dismissed because the VA Form 10182, which is required to file a substantive appeal, was not timely filed.

The Veteran's service-connected disabilities, including bilateral knee and ankle conditions, low back pain, sciatic radicular pain, TBI, headaches, and PB, are granted. The Veteran is currently rated at 70% for PTSD.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining SSA disability benefit records and medical opinions regarding the onset of his lower extremity radiculopathy.

The Board has remanded several issues related to the Veteran's skin disability, back pain, and sciatic nerve radiculopathy. The main reasons are for obtaining updated medical records from VA community care programs and clarifying whether the Veteran's skin condition meets criteria for disfigurement.

The Board has granted the Veteran's claim for service connection for left ankle degenerative arthritis with lateral collateral ligament sprain and tendonitis, finding that her current condition is related to an in-service injury.

The reduction in the schedular rating for left knee limited extension with degenerative arthritis from 20% to 10% was improper and has been restored.,The severance/discontinuance of a separate 10% rating for left thigh limitation of flexion with osteoarthritis and degenerative arthritis of the left hip was improper and has been restored.,Basic eligibility to Dependents' Educational Assistance (DEA) benefits were reinstated effective October 8, 2015.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbar spine degenerative arthritis, cervical spine degenerative arthritis with intervertebral disc syndrome, and associated radiculopathies. The effective dates were set at April 20, 2010, for the back conditions and April 28, 2010, for the neck conditions.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or permanently housebound, thus his claim for special monthly compensation based on aid and attendance/housebound is denied.