Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Board has determined that there were duty to assist errors prior to the January 2022 decision on appeal and thus remanded for further development, including obtaining treatment records and affording the Veteran a new VA examination.

The Board has granted service connection for left knee meniscus tear with osteoarthritis and right knee meniscus tear with osteoarthritis, both secondary to the Veteran's service-connected bilateral flat foot (pes planus).

Service connection for tinnitus and vertigo has been granted, while service connection for TBI, sleep apnea, low back pain arthritis, radiculopathy of the right lower extremity (claimed as neuropathy), radiculopathy of the left lower extremity (claimed as neuropathy), right knee pain arthritis, left knee pain arthritis, right shin splints, left shin splints, right elbow and arm pain arthritis, left elbow and arm pain arthritis, right wrist pain arthritis, left wrist pain arthritis, right shoulder pain arthritis, left shoulder pain arthritis, right hip pain arthritis, left hip pain arthritis, right foot pain arthritis, and left foot pain arthritis have been denied.,Service connection for a left index finger arthralgia has been granted with an effective date of November 12, 2008. Service connection for lateral collateral ligament sprain and degenerative arthritis of the right ankle has been granted with an effective date of July 12, 2021.

The Board has denied the Veteran's claims for service connection for right leg pain and a right ankle condition, chronic pain in the left hip and leg, IBS, and seborrheic dermatitis. The claim for headaches was granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and procedural errors, including a lack of VA examination for left leg and knee disabilities and inadequate medical opinions regarding hypertension.

The Board has decided to remand the case due to a failure to comply with the duty to assist, specifically regarding the adequacy of the VA examination provided at the time of the decision on appeal.

The Veteran's cervical spine disability was granted a 20 percent rating prior to May 17, 2019 and a 40 percent rating from that date. The TDIU claim was denied.

The Veteran's migraine headaches are caused by his service-connected fibromyalgia, PTSD, sleep apnea, and tinnitus.,The Veteran's right knee osteoarthritis is caused by his service-connected back disability with obesity as an intermediate step.

The Veteran's claims for increased ratings of coronary artery disease (CAD) and spinal fusion with lumbar stenosis and degenerative arthritis have been granted, effective from June 12, 2014, and May 7, 2018 respectively.,The claim for a higher rating for obstructive sleep apnea has been denied.

The Veteran's left ankle disability is granted with a rating of 40 percent effective April 26, 2020. The Veteran's left foot disability remains at a 30 percent rating.

The Board has granted service connection for the Veteran's lumbar spine degenerative arthritis, finding that it began during active duty and has been recurrent since then.

The Veteran's back disability, including degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome (IVDS), is now considered service-connected.

The Veteran's claims for left knee strain and DJD, right flat foot and first MTP joint degenerative changes, and right ankle degenerative arthritis have been granted. The appeal is dismissed as moot.

The Board has decided to remand the Veteran's claims for service connection of his right knee, left knee, and cervical spine degenerative arthritis due to insufficient evidence in the record.

The Veteran's claim for an increased rating for lumbosacral strain is denied. The Board found that the evidence does not support a finding of unfavorable ankylosis or other conditions warranting a higher rating.

The Veteran's left knee disability was previously rated at 30 percent, effective March 18, 2019. The RO reduced this rating to noncompensable (0%) effective May 1, 2022, based on the absence of actual improvement in his ability to function under ordinary conditions.

The Board has granted the restoration of service connection for six disabilities: left upper leg gunshot wound, left forearm gunshot wound, entry and exit wounds associated with lumbar spine injuries, paralumbar muscles injury, PTSD, and left knee osteoarthritis. The original grant was based on direct evidence rather than a presumption or secondary condition.

The Board has remanded the claims for service connection for right and left knee disorders due to potential errors in the initial decision. The Veteran's hearing testimony will be considered, and an addendum opinion is required regarding the impact of his hemophilia on his knee conditions.

The Board has dismissed the appeals for service connection of osteoarthritis and femoral acetabular impingement syndrome, right hip; osteoarthritis, left hip; and spondylolisthesis and degenerative disc disease other than intervertebral disc syndrome, lower back all secondary to right knee. The Veteran withdrew his appeal.