Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has denied the Veteran's claims for service connection for right chronic wrist sprain, left shoulder calcified tendonitis, degenerative arthritis of the cervical spine, and both upper extremity radiculopathies. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has granted an earlier effective date of October 30, 2009 for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 due to service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

The Veteran's claims for service connection for GERD, left knee pain, and right knee pain are being remanded due to the need for additional evidence and medical opinions.

The Board has restored the Veteran's ratings for his service-connected thoracolumbar spine disability and bilateral lower extremity radiculopathy from 20 percent to 20 percent, effective June 1, 2022.

The Board has found the claim remanded due to inadequate examination and opinion regarding the etiology of the Veteran's right ankle disability. The case will be returned for further evaluation.

The Veteran's claims for increased ratings for various orthopedic conditions, including right shoulder osteoarthritis with impingement syndrome, left knee and hip chondromalacia, left ankle tendonitis, major depressive disorder, bilateral stress fractures, and a residual fracture of the right middle finger have been denied.,The Veteran's claims for earlier effective dates for awards related to housebound status, Dependents' Educational Assistance under 38 U.S.C. Chapter 35, and Total Disability Rating based on Individual Unemployability (TDIU) have also been granted.

The Veteran's claims for service connection and increased ratings have been denied. The Veteran does not meet the criteria for these conditions based on the evidence of record.

The Board has remanded the Veteran's claims for thoracolumbar spine disability, herpes simplex, and TBI service connection issues due to insufficient evidence or error in development.

The Veteran's claim of entitlement to an increased rating for his service-connected back disability is being remanded due to the inadequacy of the November 2020 VA examination and a pre-decisional duty to assist error.

The Veteran's hypertension was not rated as compensable, as his diastolic pressure did not predominantly reach 100 or more.,SMC based on the need for regular aid and attendance is granted with an effective date of November 1, 2011.

The Veteran's appeal for an increased rating for SLE with scarring alopecia and bilateral knee osteoarthritis prior to May 11, 2021 was denied.,The Veteran's claim for an earlier effective date for the award of SMC at the housebound rate was granted from May 4, 2010.

The Board has restored the Veteran's rating for IVDS with degenerative arthritis, lumbar spine from 40 percent to 10 percent effective April 1, 2022, finding that the reduction was improper due to a failure to consider applicable regulations.

The Board has remanded the Veteran's claims for service connection due to the VA examiner's incorrect attribution of his disabilities to post-service employment, rather than service. New examinations are required to determine if his disabilities are related to his military service.

The Veteran's low back disability, diagnosed as intervertebral disc syndrome (IVDS) with degenerative arthritis with spondylolisthesis, is granted service connection.,Right and left lower extremity radiculopathy are also granted service connection secondary to the Veteran's low back disability.,Service connection for cervical spondylosis with myofascial pain syndrome is remanded due to insufficient evidence regarding its relationship to the Veteran's low back disability.

The Board has remanded the Veteran's claims for service connection and TDIU effective date due to pre-decisional duty-to-assist errors. The case will be returned for further development.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is related to his in-service symptoms and treatment. The claimant's statements and lay evidence support the continuity of symptomatology from service.

The Veteran's appeals for increased disability ratings and service connection were dismissed due to the filing of a Decision Review Request (NOD) in July 2021, which was not addressed by the AOJ decision in March 2021.

The Veteran's left knee sprain with enthesopathy and osteoarthritis, right knee osteoarthritis, and left and right knee instability are all rated at the maximum allowable under current VA rating criteria.,VA has denied any increase in ratings for these conditions as they do not meet the criteria for a higher rating based on the evidence of record.

The Board has dismissed the Veteran's claims for service connection for right hamstring strain, mild osteoarthritis of the MCP and CMCP (claimed as injured left hand), sinusitis, and left ankle condition due to untimely filing of the VA Form 10182.