Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) from December 21, 2017 to July 20, 2020 was dismissed because he is already in receipt of a 100% combined schedular disability rating and none of his service-connected disabilities alone would warrant a TDIU.

The Veteran's initial migraine including migraine variant claim is denied as his symptoms do not include characteristic prostrating attacks.,The Veteran's low back condition remains rated at 20 percent, and the issue of entitlement to a TDIU is remanded due to inextricability with the low back rating.

The Board has granted the Veteran's claim for service connection for a right shoulder injury, finding that his symptoms have been present since separation from service and are consistent with arthritis. The decision is based on continuity of symptomatology.

The Veteran's application for specially adapted housing or a special home adaptation grant was denied as he does not have any service-connected disability that meets the criteria for such benefits.

The Board has granted the Veteran's claim for service connection for cervical spine stenosis and degenerative arthritis, finding that new evidence supports a link between his military service and these conditions.

The Board granted service connection for GERD, sinus headaches, right and left lower extremity neuropathy, pseudofolliculitis barbae of the skin, and lumbar spine degenerative arthritis and DDD. The claim for an acquired psychiatric disorder (depression and anxiety) was denied.

The Veteran's claim for service connection for lumbosacral strain with degenerative disc disease and degenerative arthritis was denied, as the effective date cannot be earlier than December 9, 2021, when VA received his supplemental claim. The Board found that no valid claim had been filed within one year of separation from service.

The Board has remanded the claims for an increased rating for thoracolumbar strain, degenerative arthritis of the left hip, impairment of thigh, left hip, limitation of extension, left thigh, right hip degenerative arthritis, limitation of extension, right thigh, and impairment of thigh, right hip due to a lack of updated VA examination prior to the September 2021 decision.

The Board denied service connection for right ankle, left ankle, back, and left knee disabilities as they were not etiologically related to the Veteran's active service or secondary to a service-connected condition.

The Board remands the claim for a new VA opinion regarding the Veteran's current low back disability to determine if it is at least as likely as not that the disability had its onset during his period of active duty for training or is otherwise causally related to an in-service disease or injury.

The Veteran's service connection claims for left shoulder strain, right shoulder strain, cervical strain with degenerative arthritis and spinal stenosis, and degenerative arthritis and degenerative disc disease of the lumbar spine status post discectomy are being remanded due to a duty to assist error.

The Veteran's claims for increased ratings for his service-connected right hip disabilities were denied, but an effective date of October 10, 2018, was granted for the award of a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits.

The Veteran's service-connected right knee disabilities have been rated at 10 percent since July 8, 2020. The Board has determined that the current ratings do not accurately reflect the severity of the disabilities.

The Board denied a rating of over 20 percent for left ankle disability and a rating of over 50 percent for mental disorder.

The Board has remanded the claims for service connection for bilateral hearing loss, degenerative arthritis of the feet, degenerative disc disease of the lumbar spine, diabetes, gout, and hypertension due to potential exposure to hazardous noise, chemicals, or other substances during service.

The Board denied service connection for right knee osteoarthritis, obstructive sleep apnea, a bilateral hip disability, and bilateral lower extremity radiculopathy as there was no evidence of an in-service injury or disease, and the conditions were not shown to be related to service.

The Board has decided to remand the case due to errors in verifying the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The AOJ is required to verify these periods, obtain service treatment records from Brooke Army Medical Center, particularly those from January to April 2002, and correct any duty-to-assist errors.

The Board denied service connection for degenerative arthritis lumbosacral spine as the evidence did not support a finding that it was related to an in-service injury or disease.

The Veteran's claim for an earlier effective date for service connection and initial rating for non-degenerative arthritis were denied. The Board found that the evidence did not reach a level of equipoise, thus denying both claims.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected adjustment disorder with anxiety and depressed mood; degenerative arthritis of the lumbar spine; and/or status post balloon dilation with mild dysphagia, including obesity as an intermediate step. As such, the claim for secondary service connection for obstructive sleep apnea has been granted.