Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's PTSD is granted, with a separate rating of 10 percent for right knee instability effective from September 29, 2014.,Right knee joint osteoarthritis receives a 10 percent evaluation as of September 29, 2014.

The Board has granted service connection for left shoulder strain and right shoulder degenerative arthritis, finding that these conditions are related to the Veteran's active service. The issues of TDIU have been remanded.

The Board has remanded the case due to insufficient examination and treatment records, requiring a new VA examination that considers the Veteran's complete medical history as well as his symptoms without the use of medication.

The Board has remanded the case for additional development, including obtaining outstanding relevant treatment records and requesting that the Veteran complete an Application for Increased Compensation Based on Unemployability (VA Form 21-8940).

The Veteran's right knee osteoarthritis and lateral instability were denied initial ratings higher than the current assigned ratings.

The Veteran's claim for a higher rating for lumbar spine degenerative arthritis was denied, as the disability did not meet the criteria for a greater than 20 percent or greater than 10 percent rating prior to August 18, 2011. The claim for TDIU prior to August 31, 2015, was also denied.

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran's lumbar spine condition is rated at 40 percent, which is the maximum schedular rating for her service-connected disability. The Board found that a higher rating was not warranted based on the evidence of record.

The Board remands the claim for a neck disability to obtain an addendum VA opinion addressing the holdings in Spicer and Saunders.

The Board has granted service connection for tinnitus and lumbosacral spine degenerative arthritis, finding that the Veteran's conditions are related to his military service. The decision is based on direct evidence rather than a presumption or secondary service connection.

The Veteran withdrew his appeals for the effective dates of various ratings and service connection determinations related to knee conditions, instability, meniscal tears, scars, and tinnitus. The Board dismissed these claims as a result.

The reduction of the rating for bilateral plantar fasciitis from 30 percent to 10 percent was improper, and the restoration of the 30 percent rating is granted. Ratings in excess of 30 percent for bilateral plantar fasciitis with right foot ossicle, right knee strain with degenerative arthritis, and left knee strain with degenerative arthritis are denied.

The Veteran's appeal is remanded for the following reasons: (1) The RO failed to associate VA treatment records from a non-VA provider with the claims file, which constitutes a pre-decisional error. (2) The issue of entitlement to a total disability rating based on individual unemployability (TDIU) was not developed prior to issuance of the June 2022 Supplemental Statement of the Case (SSOC).

The Veteran's appeals for higher initial ratings for his left shoulder and left ankle disabilities were denied. The left shoulder disability is rated at 20 percent, which is the maximum schedular rating allowed under Diagnostic Code 5201. The left ankle disability is also rated at 20 percent, as it already has the highest schedular rating.

The Board denied service connection for a neck disability, finding that the evidence did not establish a nexus between the Veteran's current condition and his military service.

The Veteran's claims for increased ratings for right knee shin splints with osteoarthritis and left knee strain with shin splints are being remanded due to inadequate VA examinations.

The Board denied the Veteran's claim for an increased evaluation on an extra-schedular basis for his left knee disability, finding that the current rating adequately compensates him and there are no other related factors warranting further extraschedular consideration.

The Veteran's appeal for an increased evaluation for sinusitis, to include consideration of the propriety of the reduction in the rating from 10 percent to noncompensable, effective October 1, 2021, is denied.,The Veteran's appeals for evaluations for left knee osteoarthritis (limitation of extension) and instability are remanded due to insufficient evidence at the time of the July 2021 rating decision.,The Veteran's appeal for an evaluation in excess of 10 percent prior to September 2, 2020, and a compensable evaluation from September 2, 2020, for right knee osteoarthritis, s/p meniscectomy (instability) is remanded due to insufficient evidence at the time of the July 2021 rating decision.

The Veteran's initial evaluation for peripheral neuropathy, right lower extremity (musculocutaneous) is granted at a 10 percent rating. The other conditions remain denied.

The Board has granted service connection for neurofibromatosis and remanded the issue of service connection for osteoarthritis (including back disability).