Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has granted service connection for degenerative arthritis of the back, finding that the Veteran's statements regarding an in-service injury are credible and establishing continuity of symptomatology since service.

The Board has decided to remand the case due to inadequate compliance with prior remand directives and a need for an in-person examination.

The Veteran's left knee osteoarthritis is granted as service connected. The issue of service connection for psychiatric disability (including PTSD) and TDIU due to service-connected disabilities remains remanded.

The Veteran's appeals for increased ratings have been remanded due to the need for additional examinations to address functional impairment and range of motion during flare-ups and after repeated use.

The Veteran's claim for an initial rating in excess of 40 percent for degenerative arthritis of the lumbar spine is denied as there is no evidence of functional impairment equivalent to ankylosis or its functional equivalent.

The Veteran's PTSD symptoms have more nearly approximated the criteria for occupational and social impairment with deficiencies in most areas since June 5, 2020.,From June 17, 2019, multiple service-connected disabilities rendered the Veteran unable to secure and follow a substantially gainful occupation.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Board has remanded the issues of entitlement to an initial compensable disability rating for lumbosacral strain with degenerative arthritis of the spine and spondylolisthesis from July 21, 1973, to February 7, 2017, and entitlement to an initial disability rating in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected back disability. The remand is due to a duty-to-assist error regarding SSA records.

The Veteran's claims for service connection for a left knee disability, thoracolumbar spine disability, tinnitus, squamous cell carcinoma of the soft palate and tongue, and left shoulder osteoarthritis and impingement syndrome have been readjudicated. The claims for left knee disability and left shoulder osteoarthritis and impingement syndrome are granted, while those for thoracolumbar spine disability, tinnitus, and squamous cell carcinoma of the soft palate and tongue remain denied.

The Veteran's claims for PTSD, bilateral hearing loss disability, and scars status post knee replacement were denied. The appeal was remanded for further action on the issues of service connection for low back pain and right knee degenerative arthritis.

The Veteran's lumbar spine disability is rated at 40 percent, which approximates the criteria for unfavorable ankylosis.

The Veteran's claim for earlier effective dates and initial ratings for migraine headaches, back disability, and left knee arthritis was denied.,An initial rating of 50 percent for migraine headaches is granted.

The Veteran's right and left hip degenerative arthritis are granted as secondary to his service-connected left knee lateral meniscal tear.,The Veteran's right ear hearing loss is granted due to acoustic trauma in service.

The Veteran withdrew his appeal, specifically the issues of hypertension as secondary to PTSD and right knee strain, osteoarthritis (limitation of flexion). As a result, the Board dismissed the appeal.

The Board has granted service connection for the Veteran's right knee condition, including degenerative arthritis, finding that it had its onset during service and continues to persist.

The Veteran's claims are being remanded due to duty-to-assist errors and the need for additional medical examinations. The issues of service connection for various conditions, including right knee osteoarthritis, left knee condition, acquired psychiatric disorder (including PTSD), left hip condition, hearing loss, and cervical degenerative joint disease, will be reconsidered.

The Board has decided to remand the Veteran's claim for service connection due to a pre-decisional error in not obtaining an adequate VA medical opinion prior to the October 2019 rating decision on appeal. The Veteran is required to provide additional evidence and clarification of his claims.

The Veteran's back disability is rated at 40 percent from April 7, 2014, to October 31, 2014, and in excess of 20 percent thereafter. The rating for bladder incontinence remains at 40 percent after January 8, 2020.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to her inability to use assistive devices as a normal mode of locomotion.

The Veteran's claims for a TDIU on an extraschedular basis prior to December 3, 2019 and basic eligibility to DEA based on permanent and total disability status prior to December 3, 2019 are being remanded due to the AOJ's failure to refer these matters to the VA Director of Compensation and Pension for a determination.