Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.

The Veteran's effective date for a 100% disability rating for PTSD, excoriation disorder, and multiple substance use disorders is granted as of May 19, 2020. The effective dates for the other conditions are also granted.

The Board has granted the Veteran's claims for service connection for right shoulder strain and right knee strain with osteoarthritis, finding that these conditions are related to his military service.

The Veteran's right hip disability has been rated based on limitation of extension, but the Board finds a remand is necessary to address his claims for higher ratings.,The Veteran has pursued higher ratings for different aspects of his right hip disability since service connection was granted in September 2020.

The Veteran's disability ratings for cervical spine IVDS, right upper extremity radiculopathy, and left upper extremity radiculopathy were restored to their previous levels.,An increased disability rating of 40% was granted for degenerative arthritis and disc disease of the lumbar spine from January 10, 2023.

The Veteran's left thumb condition is currently rated at 10 percent, and his left ankle condition is rated at 20 percent. Both conditions are denied for increased ratings.

The Veteran's lumbar spine disability is rated at 40 percent, effective February 23, 2021. The rating reflects that the Veteran's flexion of the thoracolumbar spine was greater than 60 degrees but not more than 85 degrees during the appeal period.

The Veteran's right knee instability and osteoarthritis have been granted increased disability ratings of 20 percent from February 27, 2003 to July 21, 2011.

The Board has decided to remand the cases for further action due to a duty-to-assist error. The Veteran's knee conditions will need additional medical records from his private chiropractor.

The Board has found that the Veteran's service connection claims for cervicalgia, left shoulder impingement syndrome with rotator cuff tendonitis and acromioclavicular joint osteoarthritis, and right shoulder impingement syndrome with rotator cuff tendonitis are remanded due to a duty to assist error in obtaining his service treatment records.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. Her degenerative arthritis lumbar spine disability is currently rated at 20 percent and her tinnitus is rated at 10 percent. The appeals for increased ratings are denied.

The Board has granted service connection for left knee degenerative arthritis, finding that it is caused by weight gain associated with the Veteran's service-connected posttraumatic stress disorder (PTSD).

The Board has denied the Veteran's claims for service connection for degenerative arthritis and post-traumatic arthritis as there is no current diagnosis of these conditions.

The Board has granted a separate 10 percent disability rating for instability of the left knee effective April 16, 2010. However, the Veteran's increased ratings claim remains on appeal as his left knee increased rating claim is remanded due to inadequate examination reports.

The Board has determined that the Veteran's cervical spine disability, to include degenerative arthritis, is due to his active-duty service and grants entitlement to service connection.

The Veteran's degenerative arthritis of the lumbar spine, status post lumbar laminectomy is rated at 10 percent prior to November 17, 2023. The claim for an increased rating is denied as his symptoms are most nearly contemplated by the current disability ratings.

The Veteran's patellofemoral pain syndrome with degenerative arthritis of the right knee is granted an initial 10 percent rating. The ratings for limitation of extension in the right hip and thigh impairment, iliopsoas tendonitis, degenerative arthritis, left hip are denied.

The Veteran's claims for higher ratings and effective dates are being remanded due to a duty-to-assist error in failing to obtain private treatment records from Blessing Hospital and Blessing Physician Services Behavioral Health. The issues include right hand neuropathy, borderline personality disorder, IBS with GERD, right shoulder osteoarthritis, hypertension, and TDIU.

An earlier effective date of March 9, 1998 for service connection for degenerative arthritis of thoracolumbar spine is granted.,The Veteran's entitlement to initial ratings in excess of 10 percent for sciatic radiculopathy of the left and right lower extremities is remanded.

The Board has granted special monthly compensation (SMC) based on housebound status for the Veteran, who is currently rated at 70 percent for bipolar disorder and has additional disabilities rated at 100 percent under a combined schedular rating. The decision also considers his TDIU as a Bradley TDIU due to his mental health condition.