Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for increased evaluations and service connection are being remanded due to the receipt of new evidence that has not been considered by the agency of original jurisdiction (AOJ).

The Veteran's appeals for service connection were dismissed due to the untimely filing of his VA Form 9, which was more than 60 days after the issuance of the Statement of the Case (SOC).

The Board has remanded the case due to insufficient opinions regarding secondary service connection for degenerative arthritis of the spine and spondylolisthesis. The Veteran needs a new medical opinion addressing whether his disabilities are caused or aggravated by his service-connected thoracic dextroscoliosis.

The Veteran has withdrawn all appeals, including those for disability ratings and service connection. The Board dismissed the appeal due to the withdrawal.

The Veteran's low back disability has not been manifested by unfavorable ankylosis or acute signs and symptoms due to IVDS that require bed rest prescribed by a physician and treatment by a physician for at least six weeks in a 12-month period.,The Veteran's right lower extremity neurological signs and symptoms are due to nonservice-connected diabetes mellitus, type II (diabetes); he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than mild incomplete paralysis of the sciatic nerve prior to April 16, 2013, or more than moderate incomplete paralysis of the sciatic nerve since that date.,The Veteran's left lower extremity neurological symptoms are due to nonservice-connected diabetes; he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than moderate incomplete paralysis of the sciatic nerve.

The Veteran's service-connected lumbosacral strain and degenerative arthritis of the spine are granted. The left knee condition, right knee condition, and chronic headache disability are denied.

The Veteran's back disability is related to his active service and the Board has granted service connection for degenerative arthritis of the spine.

The Board has decided that the Veteran's claim for cervical stenosis with degenerative arthritis should be remanded to allow the AOJ to consider additional evidence.

The Veteran's claims for service connection for diabetes mellitus, prostate cancer, a back condition, left knee osteoarthritis, and right knee osteoarthritis have all been denied. The Veteran's bilateral hearing loss has been granted a 70% rating from August 31, 2018 to February 10, 2020.

The Board has remanded the case for further development, including obtaining a clarifying opinion from a VA examiner regarding the nature and etiology of any current left shoulder disorder.

The Board has reopened the claim of service connection for residuals of right wrist sprain and remanded both issues related to this condition. The rating for degenerative arthritis of the spine is also being remanded.

The Veteran's claims for increased rating and service connection for his right knee and low back conditions are being remanded due to the inadequacy of the previous VA examinations.

The Veteran's degenerative arthritis of the spine and IVDS prior to June 11, 2018 were rated at 40 percent effective from that date.

The Board has granted ratings for right and left knee disabilities, but denied higher ratings. The Veteran appealed these denials to the Veterans Claims Court, which issued a JMPR vacating the denial of higher ratings for limitation of flexion and extension. This decision requires remand to obtain retrospective medical opinions regarding the severity of the knee disabilities without medication.

The Board has remanded the claims for bilateral hearing loss, osteoarthritis of the left wrist and thumb, osteoarthritis of the right wrist, and PTSD due to additional evidence added after the June 2021 Statement of the Case.

The Veteran's lumbar spine degenerative arthritis was rated at 10 percent prior to August 7, 2008 and at 20 percent thereafter. The Board found no evidence of entitlement to a higher rating.,For the left lower extremity sciatic radulopathy, the Veteran was denied ratings in excess of 10 percent prior to April 16, 2019 and in excess of 20 percent from that date onwards. For right lower extremity sciatic radulopathy, he was denied ratings in excess of 20 percent prior to April 16, 2019 and in excess of 20 percent thereafter.,For the right lower extremity femoral radulopathy, the Veteran was denied an initial rating in excess of 20 percent from May 6, 2019. For left lower extremity femoral radulopathy, he was also denied such a rating from that date onwards.

The Board has remanded the Veteran's claims of service connection for degenerative arthritis of the cervical and lumbar spine, as well as his claim for an acquired psychiatric disorder. The reasons are that new VA examinations are needed to determine the nature and etiology of these conditions.

The Board has remanded the case due to inadequate addendum opinions regarding the etiology of the Veteran's neck, upper back, and right shoulder disabilities. The VA needs to provide new opinions addressing whether these conditions are related to service.

The Veteran's service-connected knee and hip conditions have rendered him unable to secure or follow substantially gainful employment prior to June 17, 2009. The Board has remanded the case for extraschedular TDIU consideration.

The Board has remanded the claims for increased ratings for degenerative arthritis of the thoracolumbar spine and cervical spine, as there is insufficient evidence to determine if higher ratings are warranted.