Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for an increased rating and TDIU have been remanded due to the need for a contemporaneous VA examination, as her current rating may be incorrect due to the passage of time since her last VA examination.

The Board has dismissed all claims due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has dismissed the Veteran's appeals for service connection on all listed conditions due to his death.

The Veteran's left and right knee conditions are currently rated at 10 percent for each knee due to degenerative arthritis. The Board denied entitlement to an initial compensable rating for the Veteran's service-connected left and right knee conditions based on limitation of extension.

The Veteran's left knee degenerative arthritis with limitation of extension has been rated at 30 percent since October 5, 2021.

The Board has determined that the Veteran's current right knee osteoarthritis is etiologically related to his in-service injury, and therefore grants service connection for this condition.

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Veteran's claim for service connection for recurrent TBI residuals was denied as no evidence of such condition during active service or thereafter. The rating for tinea pedis remains noncompensable due to the use of topical treatment. A total disability rating based on individual unemployability and special monthly compensation at the housebound rate were granted prior to September 15, 2020. Basic eligibility to Dependents' Educational Assistance was established prior to that date.

The Board denied service connection for a left shoulder disability and the claim for TDIU prior to March 26, 2020 due to lack of evidence linking the current disability to service or any other etiology.

The reduction of the 70% rating for the Veteran's acquired psychiatric disorder to a 50% rating was improper and is void ab initio. The restoration of the 70% rating is granted.,The reduction of the 20% rating for the Veteran's back disability to a 10% rating from September 1, 2020 to June 11, 2021 was also improper and is void ab initio. The restoration of the 20% rating is granted.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the right knee and left knee due to a lack of adequate medical opinions regarding the relationship between his current conditions and service. The Court found that the VA examiner did not adequately consider the Veteran's reports of continued knee pain during and since service.

The Veteran's claims for service connection for left knee strain and meniscal tear, left foot drop, and peroneal neuropathy were denied in July 2018. The Board is remanding these issues.,The Veteran's claim for service connection for right ankle disability was also remanded.

The Board has granted service connection for lumbosacral strain with degenerative arthritis, thoracolumbar degenerative disc disease, left knee strain with joint osteoarthritis, and right knee strain with joint osteoarthritis as secondary to the Veteran's service-connected pes planus and plantar fasciitis.

The Board has granted service connection for left knee degenerative arthritis, right knee meniscal tear, lumbosacral spine degenerative joint and disc disease (lumbar spine disability), and cervical spine degenerative disc disease with degenerative arthritis.

The Veteran's cervical spine, right hip, and left hip disabilities have been granted service connection as they are related to his military service.

The Veteran's appeal regarding a rating in excess of 10 percent for osteoarthritis of the left knee has been dismissed. The Veteran also requested an increase in his rating for migraine headaches, but this issue is not part of the current appeal as it was addressed under the legacy system and did not involve new evidence or claims.

The Veteran's migraine headaches are not rated higher than noncompensable due to infrequent attacks and lack of prostrating episodes.,A 10 percent rating for left leg instability is granted, with the condition being attributed to fibular fracture.,The Veteran's degenerative arthritis in the left knee does not warrant a rating higher than 10 percent.

The Veteran's right and left knee disabilities have been granted increased ratings, but the claims for increased initial ratings are being remanded due to a duty to assist error.

The Veteran's claim for an initial rating in excess of 10 percent for right hip osteoarthritis and degenerative joint disease is being remanded due to the need for additional development, including a new VA examination that complies with Correia v. McDonald (28 Vet. App. 158) and Sharp v. Shulkin (29 Vet. App. 26).

The Veteran's right knee condition is rated at 10 percent, and the Board has remanded his claims for service connection due to insufficient evidence.