Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's service-connected disabilities, including right and left knee conditions, necessitate regular aid and attendance due to her inability to dress, groom, or tend to her daily needs. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar-spine degenerative disc disease and history of lumbar fusion, right-lower-extremity neuropathy, left-lower-extremity neuropathy, right-knee meniscal tear (claimed as bilateral knee condition), left-knee meniscal tear and degenerative arthritis, and bilateral foot pain with gait abnormality for further examination to determine if these conditions are secondary to his service-connected skin pathology of bilateral feet.

The Veteran's left foot plantar neuroma with degenerative arthritis and metatarsalgia is currently rated at 10 percent, the maximum schedular rating under DC 5279 for unilateral metatarsalgia. The Board found that a higher rating was not warranted as the symptoms were adequately addressed by the current rating.

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.

The Veteran's appeal for service connection for right wrist arthritis with post traumatic deformities and right knee degenerative arthritis was granted, with a rating of 10 percent effective April 8, 2013. The issue of the reasonableness of attorney fees based on past-due benefits awarded in the July 2022 rating decision is remanded to the Office of General Counsel.

The Veteran's claim for increased ratings for his right knee scars, instability, and limitation of flexion was denied. The Board found that the evidence did not support a compensable rating for the scars or a rating in excess of 10 percent for the limitation of flexion. A rating of 20 percent was granted for right knee instability.

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the cases for further examination and medical opinions regarding service connection for left knee degenerative arthritis and cervical spine strain.

The Veteran's lumbosacral strain degenerative disc disease with degenerative arthritis of the spine is rated at 40 percent, which is the highest rating available under the General Rating Formula for Diseases and Injuries of the Spine. This decision grants a higher rating based on functional loss equivalent to ankylosis.

The Veteran's service-connected left hip disability is not manifested by limitation of extension, flexion, or adduction/abduction to a degree that would warrant higher ratings. The current 10 percent rating under Diagnostic Code 5252 for limitation of flexion remains in effect.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Board has granted the Veteran's claims for service connection for a right knee disability and TDIU due to service-connected disabilities, finding that his conditions are related to his military service and prevent him from obtaining and maintaining employment.

The Veteran's claim for an initial disability rating in excess of 10 percent for right-hand index finger post fracture of middle and proximal phalanges and right-hand degenerative arthritis is denied as the maximum schedular rating available for limitation of motion of the index finger, whether with the dominant or nondominant hand, is 10 percent.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed due to the Veteran's withdrawal of his appeals.

The Board denied the claim of entitlement to a TDIU, finding that the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board denied service connection for right Achilles tendonitis and left shoulder osteoarthritis (claimed as a left arm or shoulder disorder) due to lack of current diagnosis, no evidence of in-service injury or event related to the conditions, and no nexus between the conditions and active service.,VA examinations found that the Veteran's right Achilles pain was attributed to tibiotalar arthritis and his left shoulder complaints were diagnosed as osteoarthrosis. The Board determined these diagnoses did not meet the criteria for service connection under the provisions relating to undiagnosed illness or Multisymptom Illness (MUCMI).

The Board granted a 20 percent rating for right knee osteoarthritis and a separate 20 percent rating for right knee instability from July 7, 2017 to December 5, 2019, but denied ratings in excess of the assigned levels.

The Board remands the issues of entitlement to an initial rating higher than 10 percent for right and left foot disabilities, including degenerative arthritis, for further development.

The Veteran's claims for service connection for right hip degenerative joint disease/degenerative arthritis, left hip degenerative joint disease/degenerative arthritis, left knee mild degenerative joint disease, and skin rash on the right lower extremity have been denied as not new and material.

The Veteran's claim for increased ratings for his service-connected cervical spine disability was denied. The VA examinations did not indicate any incapacitating episodes or other complications that would warrant a different rating.

The Veteran's hypertension claim is denied as the evidence does not support a compensable evaluation.,The Veteran's psoriasis claim is denied as there is no basis for an increased rating under any applicable diagnostic code.,The Veteran's thoracolumbar spine and bilateral hip disabilities are remanded to obtain proper VA examinations.,The Veteran's left hip bursitis and right hip bursitis claims are also remanded to obtain proper VA examinations.