Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claim for an earlier effective date prior to January 29, 2022, for service-connected right shoulder strain and glenohumeral joint osteoarthritis was denied as he did not submit a timely claim within one year of his separation from service.

The Veteran's bilateral knee degenerative arthritis is rated at 10 percent each, and he is granted separate 10 percent ratings for patellar instability in both knees. The appeal is denied as the criteria for higher ratings are not met.

The Board denied earlier effective dates for service connection awards of PTSD, degenerative arthritis of the spine with lumbosacral strain, tension headaches, status-post left inguinal herniorrhaphy, costochondritis, and PFB and bilateral paronychia.

The appeal for service connection for right knee degenerative arthritis was dismissed due to a procedural defect.

The Board granted entitlement to an effective date of November 16, 2007 for TDIU on an extraschedular basis and for basic eligibility for DEA benefits. The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to June 3, 2016.

The Board has granted service connection for left AC joint osteoarthritis, right AC joint osteoarthritis, lower lumbar spine osteoarthritis, and RLE radiculopathy. The claims were remanded due to insufficient evidence regarding the Veteran's acquired psychiatric disorder.

The Veteran's degenerative arthritis of the spine and bilateral shoulder disabilities have been granted increased ratings effective August 25, 2021. The left shoulder disability received a rating of 30 percent, while the right shoulder disability was rated at 30 percent as well.

The Veteran's PTSD with borderline personality disorder and mild alcohol use disorder is granted a disability rating of 70 percent, but no higher.

The Veteran's appeal for an effective date earlier than December 13, 2017, for the awards of service connection for lumbar degenerative arthritis with strain and residuals of fractured coccyx was denied.,The Veteran's appeal for an increased rating greater than 20 percent for lumbar spine degenerative arthritis with strain and residuals of fractured coccyx is remanded.

The Board denied service connection for left hand and right hand osteoarthritis, finding no evidence of a nexus to active duty service or herbicide exposure.

The Board has decided to remand the case due to errors in VA's duty to assist, specifically regarding the Veteran's periods of INACDUTRA in the Army National Guard and obtaining relevant Federal records. The AOJ is instructed to take appropriate steps to obtain these records.

The Veteran's claim for restoration of a 20 percent disability rating for low back disability is granted, while the claim for an evaluation in excess of 20 percent remains denied.

The Board has determined that the Veteran's right hip disability is service-connected as it is more likely than not due to his service-connected injuries, including a fracture of his right tibia and other related conditions.

The appeal to reduce the rating for thoracolumbar spine degenerative arthritis with intervertebral disc syndrome from 40 percent to 20 percent is dismissed as no reduction has been effectuated.

The Board has granted the Veteran's claims for service connection for lumbar degenerative disc disease, right knee degenerative arthritis, and left knee degenerative arthritis. The conditions are found to be related to service.

The Board has granted service connection for the Veteran's lumbosacral spine disability, right knee disability, and left knee disability. The claims for these conditions are based on direct evidence of a nexus to service.

The Veteran's left knee osteoarthritis has been rated at 10 percent from January 14, 2013, to October 21, 2020, and at 30 percent since October 21, 2020. The appeal is denied as the disability rating does not meet or approximate the criteria for a higher rating.

The Board denied service connection for lumbar degenerative disc disease, right shoulder strain, and osteoarthritis of the right shoulder as these conditions are not shown to be related to service.

The Board has decided to remand the case for additional development due to inadequate medical opinions in previous examinations.

The Board has remanded the Veteran's claims for a higher rating for his left shoulder disability and service connection for a neurological disability as secondary to his left shoulder disability due to incomplete development of records.