Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has determined that the Veteran's lower back disability, including lumbar spine spondylolisthesis, spondylosis, and degenerative arthritis, had its onset during service and is related to service. Service connection for this condition is granted.

The Veteran's service-connected disabilities, including his orthopedic conditions and diabetes mellitus, render him unable to secure or follow a substantially gainful occupation.

The Veteran's left shoulder strain is rated at 20% since July 29, 2006. The current rating for his lumbosacral strain with degenerative arthritis of the spine remains at 20% from October 24, 2017.,Prior to April 21, 2023, the Veteran's claim for TDIU was denied. From April 21, 2023, the matter is moot as a 100% schedular rating has been assigned with entitlement to Special Monthly Compensation (SMC).

The Board has decided to remand the case due to questions regarding whether the Veteran's lumbar spine disability is equivalent to ankylosis during flare-ups, passive range of motion, or repetitive use testing due to pain. The AOJ will need to review additional evidence and provide a new rating decision.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, bilateral hearing loss, residuals of left little toe fracture, tinnitus, and bilateral foot metatarsalgia with right foot degenerative arthritis, did not preclude him from obtaining and maintaining substantially gainful employment prior to March 30, 2017.

The Veteran's intervertebral disc syndrome (IVDS) with degenerative arthritis is currently rated at 40 percent from June 4, 2015. The Board finds that a higher rating is not warranted due to the lack of evidence of incapacitating episodes or unfavorable ankylosis.

The Veteran's claim for service connection for a tailbone disability has been reopened, and the appeal is granted. The right shoulder disability remains at 20 percent, with no extraschedular rating or TDIU granted. Left hip degenerative changes and residual scars of the chest remain at their current evaluations.

The Board has remanded the Veteran's claims for an increased rating for his right knee disability and for a TDIU claim due to inconsistencies in the September 2020 VA examination report, as well as unclear employment status.

The Board denied entitlement to a compensable rating for the Veteran's left and right foot disabilities, finding that her bunions do not meet the required functional loss criteria.

The Veteran's appeals have been dismissed as he has withdrawn his appeal for all issues.

The Veteran's right hip osteoarthritis with limitation of flexion is rated at 20 percent, which is the highest rating available under Diagnostic Code 5252. The ratings for limitation of extension and instability are granted.

The Board has remanded the case due to incomplete issuance of a Supplemental Statement of the Case (SSOC) and inadequacy of the October 2023 addendum opinion. The SSOC was not issued on the issue of service connection for a bilateral knee disability, and the addendum opinion did not adequately address the etiology of the Veteran's bilateral knee disabilities.

The Board has remanded the claims for service connection due to incomplete adjudication, and requires issuance of a supplemental statement of the case (SSOC).

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.

The Board has granted service connection for right shoulder degenerative arthritis, low back spondylosis/arthritic conditions, cervical spine degenerative arthritis, and sinusitis. The issues of service connection for right knee strain and left knee strain are remanded.

The Board has determined that the Veteran's appeal for increased ratings and TDIU is remanded due to procedural defects, including a failure to readjudicate the case after receiving new evidence. The Veteran will need to provide additional medical records and undergo a VA examination.

The Board has granted service connection for left knee degenerative arthritis and a left foot disability (plantar fasciitis and a left heel spur) on the basis of chronic disease presumptive under 38 C.F.R. § 3.303(b). The decision is based on evidence showing current diagnoses, an in-service injury, and continuous symptoms since service separation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right knee disorder is caused or aggravated by his service-connected left knee disability. The AOJ must obtain additional medical opinions and review outstanding VA treatment records.

The Board has denied service connection for left and right ankle disabilities, as well as a claim for an evaluation in excess of 10 percent for degenerative arthritis of the cervical spine prior to February 3, 2020. However, beginning February 3, 2020, the Veteran is granted a 30% evaluation for this condition.

The Veteran's claims for increased ratings for left knee disabilities are remanded due to the need for a thorough VA examination.