Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for increased ratings for his back condition and migraine headaches, as well as a TDIU claim, are being remanded due to the need for new examinations considering the Veteran's limited mobility and recent hospitalization.

The Veteran's cervical and thoracolumbar spine disabilities were found to not meet the criteria for increased ratings, with the most severe forward flexion of the thoracolumbar spine being limited to 40 degrees and that of the cervical spine limited to 20 degrees.

The Veteran's claim for an extraschedular total disability rating due to individual unemployability prior to August 25, 2014 was denied as he did not meet the criteria for such a rating based on his service-connected disabilities.

The Board has remanded the Veteran's claims for a higher disability rating for his lumbar spine disability and left leg numbness, as well as his TDIU claim due to new evidence being associated with the case file.

The Veteran's lumbosacral strain with degenerative arthritis and IVDS is rated at 20 percent, effective June 9, 2023. The ratings for left and right lower extremity radiculopathy remain denied.

The Board has granted an earlier effective date of September 17, 2012 for the grant of a TDIU and DEA benefits due to service-connected disabilities that rendered the Veteran unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to their inability to result in loss of use of his lower extremities.

The Veteran's disability ratings for PTSD were restored to 70 percent effective September 1, 2020. The other conditions had their ratings reduced.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's service-connected disabilities contributed substantially or materially to his death from a motor vehicle accident. The VA is required to obtain another medical opinion to address these issues.

The Veteran's lumbar osteoarthritis is granted as secondary to service-connected lumbar strain. The right shoulder tendinitis and bursitis are denied due to lack of evidence linking it to the service-connected conditions.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis of the spine was denied. The Board also found that he is not entitled to TDIU based on his service-connected disabilities, except for mental health conditions and back disability which affected his ability to work prior to February 28, 2020.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from May 12, 2021 to May 11, 2022.

The Board has remanded the claims of entitlement to service connection for left and right hip disabilities due to a duty to assist error in the June 2020 VA opinion. The Veteran's bilateral hip disability is being evaluated based on secondary service connection.

The Board has determined that the VA examinations and opinions are inadequate, particularly regarding whether the Veteran's back and hip disabilities are aggravated by his service-connected left knee disability. The claims are being remanded to obtain additional medical opinions addressing these issues.

The Veteran's radiculopathy of the sciatic nerve affecting the left lower extremity is now rated at 40 percent effective January 17, 2018. TDIU was granted as of January 9, 2013.

The Board has granted service connection for tinnitus but has remanded the issue of service connection for a low back condition due to insufficient evidence in the current examination.

The Veteran's cervical spine degenerative arthritis, left ankle sprain, right shoulder disorder, right elbow disorder, and left elbow disorder have all been granted service connection with the appropriate ratings.

The Veteran's left shoulder disability is rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent.,No higher ratings are warranted for the Veteran's left shoulder or knee disabilities.

The Board has found a duty to assist error occurred and remands the case for further development, including requesting an addendum medical opinion regarding the etiology of the Veteran's left hip osteoarthritis.

The Board has decided to remand the case due to a duty-to-assist error and requires an adequate medical opinion regarding the nature and etiology of the Veteran's diagnosed left knee disorder.