Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for higher disability ratings are being remanded due to the AOJ not considering VA examinations conducted in September 2021, which were obtained after the initial rating decision.

The Veteran's hip disabilities have been granted service connection, but the current ratings are less than what he contends. The Board has determined that additional medical examination is needed to properly assess the severity of his hip disabilities.

The Veteran's appeals for increased ratings for chronic adjustment disorder with mixed anxiety and depressed mood, and degenerative arthritis of the thoracolumbar spine were denied by the Board. The Veteran was not granted any increase in rating.

The Board denied the claims for increased ratings and service connection, as the Veteran did not file a timely substantive appeal or request an extension of time within one year of the December 2015 rating decision.

The Veteran's right knee disability is currently rated at 20 percent, but the Board has remanded the claim for a higher rating. The claims for service connection for Gulf War bacteria and an acquired psychiatric disorder are also being remanded due to new evidence submitted by the Veteran.

The Board denied service connection for GERD, right kidney disability, right shoulder disability, hemorrhoids, left knee osteoarthritis, and sinus disability as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Veteran withdrew his appeals for the claims of cervical spine strain with intervertebral disc syndrome, lumbosacral strain with degenerative arthritis, and right shoulder impingement syndrome with arthritis.

The Board granted a total disability rating due to individual unemployability (TDIU) for the Veteran's service-connected conditions, which include fibromyalgia and other musculoskeletal issues.

The Veteran's service-connected disabilities, including bilateral hearing loss, degenerative arthritis and intervertebral disc syndrome of the lumbar spine, left ankle deltoid ligament sprain, benign paroxysmal positional vertigo, bilateral otitis externa, eczema, right and left lower extremity radiculopathy, right ankle lateral collateral ligament sprain with osteoarthritis, tinnitus, left varicocele, and cystitis, render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected bilateral ankle, knee, and hip disabilities are being remanded for further development due to inadequate examinations at the time of the initial decision.

The Board has remanded the Veteran's claims for increased ratings for his right hand disabilities and TDIU due to a pre-decisional duty to assist error in obtaining the qualifications of the November 2015 and May 2016 VA examiners.

The Board has decided to remand the Veteran's claims of entitlement to service connection for left hip degenerative arthritis and lumbar degenerative arthritis and scoliosis, as secondary to his service-connected left knee joint osteoarthritis with patellofemoral pain syndrome and right ankle sprain. The VA examiner is requested to provide addendum opinions regarding these claims.

The Veteran withdrew his appeals, and the Board has dismissed all issues related to left knee osteoarthritis, neck condition, right knee osteoarthritis, and PTSD.

The Board remands the issue of entitlement to a compensable disability rating for service-connected fracture of right ring finger with degenerative arthritis due to an error by the AOJ in satisfying a regulatory or statutory duty.

The Board has identified pre-decisional error in the rating decision and has ordered a remand to obtain a VA examination that complies with Correia v. McDonald, 28 Vet. App. 158 (2016), for evaluation of the Veteran's service-connected conditions.

The Board remands the claim for an increased rating for right knee degenerative arthritis to correct a pre-decisional duty to assist error.

The Board has found a pre-decisional duty to assist error and remands the case for further development, including scheduling a VA examination to assess whether the Veteran's service-connected disabilities have rendered him permanently bedridden or housebound.

The Board has granted service connection for allergic rhinitis, finding it at least likely as not that the Veteran's current condition had onset during service. Service connection was denied for lumbar spine degenerative arthritis with IVDS.

The Veteran's bilateral knee osteoarthritis and right shoulder degenerative arthritis are granted service connection as they began during active service.,The Veteran's OSA is remanded for further examination to determine its etiology.

The Veteran's claims for increased ratings for his service-connected left and right knee disabilities are remanded due to duty-to-assist errors, including the failure to obtain VA treatment records and schedule a VA examination.