Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has remanded the case due to a duty to assist error and will consider evidence not previously considered, including complaints of left knee pain and diagnoses from December 2011. The Veteran's left knee disability is being evaluated for service connection and secondary service connection.

The Board has determined that the Veteran's right shoulder condition is not related to his service and remands the case for further development.,The Veteran contends his current right shoulder condition is due to heavy lifting during service, but there is no evidence of a pre-existing injury or chronic condition in service. The VA examination did not find any link between his current condition and service.

The Board has determined that the Veteran's request for higher-level review was timely submitted, and thus the appeal is considered valid. The VA denied service connection for various conditions in a previous rating decision, but the Board found that the Veteran's submission of his request for higher-level review was timely.

The Board has granted the Veteran's claim for service connection for residuals of a left foot/ankle injury, finding that his current diagnoses are at least as likely as not related to his military service.

The Veteran's PTSD is rated at 100 percent, effective from August 30, 2021 to October 31, 2021. The Veteran's lumbosacral strain with degenerative arthritis (claimed as low back condition) is remanded for further evaluation.

The Board denied the Veteran's motion to revise or reverse a March 7, 2019 rating decision for bilateral hearing loss and a May 16, 2017 rating decision for left shoulder dislocation. The March 7, 2019 decision did not err in assigning a 20% disability rating for bilateral hearing loss as the evidence showed it was not at a level warranting a higher rating. The May 16, 2017 decision did not assign a separate rating for left shoulder dislocation due to internal inconsistency and conflicting evidence.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

The Veteran's claim for a left elbow disorder is denied as there is no persuasive evidence of a current disability during or approximate to the appeal period.,Service connection for tinnitus is granted based on in-service noise exposure and credible testimony from the Veteran.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Veteran's service-connected disabilities, including migraine headaches, cervical spine disability, and right upper extremity radiculopathy, have prevented her from securing or following substantially gainful employment since July 11, 2017.

The Veteran's claims for compensable evaluations for various foot conditions and hypertension are being remanded due to duty-to-assist errors. The issues include bilateral hearing loss, right and left foot degenerative arthritis, right and left hallux rigidus, and hypertension.

The Board denied service connection for left hip degenerative arthritis, finding that the evidence did not support a nexus between the condition and active service.

The Board has dismissed the Veteran's appeal because the September 2024 VA Form 10182 was an impermissible concurrent election and docketed at the Board in error.

The Board denied the Veteran's claim for a TDIU prior to February 19, 2019, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as the evidence did not show that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for specially adapted housing and special home adaptation grant are being remanded due to a duty to assist error. The AOJ should secure an addendum opinion addressing the Veteran's total service-connected disabilities, including loss of use of extremities.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant treatment records and providing a fully adequate VA medical opinion. The AOJ will obtain any missing records, including those from Prisma Health, and provide the Veteran with another VA examination.

The Veteran's disability rating for chronic lumbar strain with degenerative disc disease (DDD) other than intervertebral disc syndrome (IVDS), lumbar bulging disc, and degenerative arthritis (lumbar spine disability) was reduced from 20 percent to 10 percent effective July 1, 2022. The reduction was improper as the provisions of 38 C.F.R. were not considered. As a result, the Veteran's rating is restored to 20 percent effective July 1, 2022. The claim for an increased rating for service-connected tinnitus remains denied.

The Veteran's service-connected disabilities, including prostate cancer, migraines, nerve damage-related right hemidiaphragm, degenerative arthritis of the right shoulder, and tinnitus, prevent him from securing or following substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case due to insufficient opinions regarding secondary service connection for cervical spine disabilities, and a new VA opinion is needed.