Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's thoracolumbar spine degenerative disc disease with degenerative arthritis is due to in-service lumbar punctures and has been granted service connection.

The Board has determined that the Veteran's left knee degenerative arthritis with shin splints is related to his service-connected right ankle disability, and thus grants service connection for this condition.

The Board has remanded the claim of service connection for degenerative arthritis of the spine, finding that a proper medical opinion is needed to address whether it was caused by or related to service-connected left hip condition.

The Veteran's service connection claims for left knee, right ankle, and left ankle disorders are granted. The Board affirms the grant of service connection for degenerative arthritis of the left knee based on continuity of symptomatology since service. Service connection is also granted for right and left ankle disorders but requires further examination to establish a link between current conditions and service.

The Veteran's claims for higher ratings for his service-connected left knee disability and entitlement to a total disability rating based upon individual unemployability (TDIU) are being remanded due to the need for additional development.

The Board denied service connection for right elbow degenerative arthritis and left eye strain, finding that the evidence did not support a nexus to service or service-connected conditions.

The Board denied an earlier effective date for the award of service connection for cervical spine disability due to clear and unmistakable error (CUE) in May 2004 and June 2004 rating decisions, finding no CUE.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent, which is the highest available.,The Veteran's major depressive disorder does not meet or approximate the criteria for a 100 percent disability rating. The closest match to his symptoms is a 70 percent disability rating.

The Veteran's increased ratings for his bilateral knee, feet, right hand, wrist, and index finger disabilities were granted effective March 17, 2021. The Board denied earlier effective dates prior to this date.,The Veteran did not file a completed claim seeking entitlement to an increased rating for any of the conditions listed prior to March 17, 2021.

The Board has granted service connection for right shoulder osteoarthritis with rotator cuff tendonitis and dislocation, but has remanded the issues of service connection for left shoulder disorder and left ankle disorder due to outstanding VA records.

The Veteran's right knee osteoarthritis and a left knee disability as secondary to the now service-connected right knee are granted.

The Board has denied the Veteran's claim for service connection for left shoulder strain with bicipital tendonitis and acromioclavicular joint osteoarthritis, finding that there is not an approximate balance of positive and negative evidence to support the claim.

The Veteran's appeal for a higher rating for chronic lumbar strain with degenerative changes was denied. The attempted appeal of the duty to assist error during the higher-level review for right hip degenerative arthritis was dismissed as there was no decision from which the Veteran could appeal.

The Board found that the reduction of the rating for the Veteran's right foot hammer toes from 10% to 0% was proper due to a clear and unmistakable error in assigning a separate compensable rating for painful motion under Code 5282, which violated the prohibition against pyramiding. The Veteran does not have hammer toes affecting all of her toes.

The Veteran's claim for service connection for his lumbar spine condition is granted with an effective date of April 30, 2007.

The Board has determined that the Veteran's application for specially adapted housing or a special home adaptation grant should be remanded due to a regulatory error in determining his eligibility based on permanent and total service-connected disability.

The Board has decided to remand both the service connection claim for sleep apnea and the rating claim for degenerative arthritis with intervertebral disc syndrome, lumbar spine. The claims will be reconsidered by the AOJ with new medical opinions provided.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) is not service-connected and thus does not meet the criteria for a higher rating.,The Veteran's left hip strain (extension) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,PTSD was granted service connection effective September 20, 2017 and does not meet the criteria for a higher rating.

The Veteran's claims for increased evaluations in various service-connected conditions are being remanded due to a pre-decisional error where the VA failed to provide her with scheduled VA examinations. The Veteran is required to be provided additional opportunities for these exams.

The Veteran's degenerative arthritis of the cervical spine did not meet the criteria for a higher disability rating, as his forward flexion was less than 15 degrees and he had other limitations that prevented him from meeting the requirements for a higher rating.