Osteoarthritis (degenerative arthritis) decisions — 2024

The Board denied a disability rating in excess of 50 percent for PTSD prior to February 17, 2023, and remanded the claims for bilateral knee patellofemoral pain syndrome with osteoarthritis, left knee limitation of extension, and bilateral shin splints.

The Board has remanded the case due to inadequate VA examinations and incomplete review of the claims file, as well as outstanding VA treatment records. The Veteran's thoracolumbar spine disorders need to be evaluated again by a VA examiner.

The Board has decided to remand the Veteran's claims for right shoulder and right ankle disabilities due to inadequate examinations in prior decisions.

The Veteran's cervical spine disability, including cervical strain with degenerative arthritis and invertebral disc syndrome, is denied as not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher, prior to August 12, 2020. The Board has remanded the issue of a higher initial rating for further development.

The Veteran's right shoulder disability is granted with a rating of 20 percent, and service connection for unspecified depressive disorder and left patellar tendonitis are also granted. The Veteran's right shoulder condition was found to be limited to 80 degrees of motion, which does not warrant an increased rating. Service connection for the depressive disorder is granted based on new evidence submitted by the Veteran.

The Veteran's overall disability evaluation for his service-connected right and left knee disabilities is denied as the combined rating does not exceed 60% after conversion.

The Veteran's VR&E benefits claim is being remanded due to a pre-decisional duty to assist error regarding the impact of his additional and increased service-connected disabilities on his employment capabilities. The case will be readjudicated after a new evaluation with a VRC.

The Veteran's claims for service connection for lumbar strain with degenerative disc disease, left and right lower extremity radiculopathy, and lumbar scarring are denied as the effective date is set at January 7, 2010.

The Veteran's left knee strain and right knee degenerative arthritis are rated at 10 percent each, with no higher ratings due to the degree of flexion limitation.,The Veteran's left occipital lesion is rated at a minimum of 10 percent based on residual symptoms.

The Veteran's left knee chondromalacia patella with osteoarthritis and varus deformity is rated at 10 percent, effective April 24, 2021 for the lateral instability.

The Veteran's claim for a TDIU is granted effective January 12, 2018. The effective date was determined based on the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment due to these conditions.

The Board has denied the Veteran's claim for service connection for right shoulder degenerative arthritis, finding that there is no evidence of a nexus between his in-service myositis and his current condition. The Board also found that arthritis could not be presumed to have been incurred in service.

The Veteran's claims for service connection for various conditions, including CFS, hypertension, GERD, hip arthritis, shoulder and knee conditions, ankle conditions, cervical spine and low back conditions, bilateral pes planus, and bilateral plantar fasciitis, have been denied. The Board found no evidence of current disabilities or a nexus to active duty service.

The Veteran's right knee patellofemoral pain syndrome, including meniscal tear and osteoarthritis, resulted in functional loss due to chronic pain that limited his locomotion. From March 26, 2007, the Veteran's service-connected neck, lower back, and knee disabilities rendered him unable to secure or follow a substantially gainful occupation. The effective date of the grant of Dependents Educational Assistance (DEA) benefits corresponds to the effective date of the grant for Total Disability Rating due to Individual Unemployability (TDIU).

The Board has determined that the current VA medical opinions are inadequate and remands for further clarification on whether the Veteran's service-connected lumbar strain with degenerative arthritis caused his obesity, or aggravated it. Additionally, an opinion is needed to determine if the Veteran's obstructive sleep apnea is secondary to medications prescribed for his back disability.

The appeal as to service connection for right and left knee degenerative arthritis, and right and left ankle sprains is dismissed. The appeal as to service connection for bilateral hearing loss disability is remanded.

The Veteran's increased rating claim for right knee osteoarthritis was denied in October 2023. The Board has now remanded the case to obtain an adequate VA examination and provide a retrospective opinion on the severity of his disability during flare-ups and after repeated use over time.

The Board remands the claims for further development, including a new examination to determine the current severity of the Veteran's left knee disabilities and an examination to address the theory that sleep apnea is secondary to his service-connected left knee disabilities.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.