Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has decided to remand the case due to inadequate VA examinations and a need for new examination opinions regarding the etiology of each of the Veteran's diagnosed right knee disabilities, including a meniscal tear, instability, and arthritis. The examiner must opine whether it is at least as likely as not that these conditions were caused or aggravated by his service-connected left knee disability.

The Board denied the Veteran's claims for an earlier effective date for TDIU and Dependents' Educational Assistance benefits prior to July 5, 2018. The evidence did not provide a factually ascertainable date that entitlement to a TDIU arose prior to this date.

The Veteran's cervical spine condition is remanded for an adequate medical opinion to determine if it was caused or aggravated by his service-connected thoracic spine disability.

The Board denied service connection for various conditions, including a skin condition, GERD, OSA, and PVD of the lower extremities and shoulders. The Veteran's claims were not supported by evidence showing these conditions had their onset during active service or were related to his military service.

The Veteran's right knee osteoarthritis, diagnosed as pain and loss of motion, is found to have its onset during his combat service in Vietnam. Service connection for this condition is granted.

The Veteran's disability rating for degenerative arthritis, status post right knee total knee replacement was reduced from 30% to 10%, effective October 31, 2016, to July 11, 2018. The reduction is now considered void ab initio and the original 30% rating has been restored.

The Veteran's atopic dermatitis of the feet is currently rated as noncompensable, and the evidence does not support a compensable rating.,Both his right knee osteoarthritis with meniscal tear and bakers cyst and left knee osteoarthritis with meniscal tear and patellofemoral chondromalacia are remanded for further evaluation.

The Veteran's TDIU claim is granted with an effective date of October 30, 2020, based on his service-connected thoracolumbar spine disability and right lower extremity radiculopathy.

The Veteran's back condition, which is rated under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula), has been granted a disability rating of 40 percent since November 2, 2010.

The Veteran is granted a total disability rating based upon individual unemployability (TDIU) for the entire period on appeal, excluding a temporary total rating period from January 30, 2024, to February 29, 2024.

The Board has remanded the case due to a lack of adequate medical opinion regarding the etiology of the Veteran's right ankle disability. The Veteran is seeking service connection for his current condition, which includes lateral collateral ligament sprain and degenerative disease with degenerative arthritis.

The Board denied service connection for an acquired psychiatric disability (claimed as PTSD), a neck disability, osteoarthritis of the right elbow (now claimed as a right arm disability), and right ear hearing loss. The Veteran's tinnitus was rated at 10 percent disabling, and his left ear hearing loss did not meet criteria for a compensable rating.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring an examination and additional opinions regarding the Veteran's left foot disabilities.

The Board has denied service connection for left ankle pain, right ankle pain, and bilateral foot plantar fasciitis with pes planus and degenerative arthritis. The Veteran's current diagnoses are not related to his time in service.

The Board denied the veteran's claims for service connection for tinnitus, increased ratings for degenerative arthritis of the lower lumbar spine and generalized anxiety disorder, and a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the claims for service connection and SMC at the housebound rate due to incomplete development of records, including obtaining VA medical treatment records since March 2003. A new VA opinion is needed regarding the etiology of the Veteran's bilateral foot conditions.

The appeal to restore the rating for right knee strain with osteoarthritis and slight recurrent patellar dislocation was denied, while a separate 10 percent rating for right knee patellar subluxation from May 24, 2017, was granted. An initial rating in excess of 50 percent for headaches from April 7, 2016, was also denied.

The Veteran's lumbosacral strain and degenerative arthritis/degenerative disc disease did not meet the criteria for a higher rating, as his range of motion was within the limits specified for a 10% rating.

The Board has decided to remand the case due to a duty-to-assist error and needs additional medical opinion regarding whether the right knee osteoarthritis is aggravated by the service-connected left knee disability.