Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's claims for service connection for left hip degenerative arthritis and bilateral restless leg syndrome have been dismissed as the appeal is not about service connection at all, but rather increased ratings for scars. The issues of entitlement to service connection for a left shoulder condition and a right elbow condition are being remanded.

The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to assess the severity of the Veteran's right ankle conditions.

The appeal concerning the service-connected degenerative changes of the thoracolumbar spine is dismissed. The appeals for tension headaches, cervical spine disability, and radiculopathy of right upper extremity are remanded.

The Board has found pre-decisional duty to assist errors in obtaining military personnel and service treatment records from the Veteran's Reserve service, confirming his periods of active-duty, ADT, IDT, and Reserve service, and obtaining SSA records. These claims are remanded for further development.

The Veteran's appeal of his disability rating for left knee joint osteoarthritis was dismissed due to procedural defects, including filing an incorrect form and not timely filing a Notice of Disagreement.

The Veteran's right hip disability was rated at a maximum of 10 percent prior to April 25, 2022. From that date, the Veteran is granted a single 70 percent rating for intermediate ankylosis.,For degenerative arthritis of the spine, the Veteran is not entitled to a rating in excess of 20 percent.

The Veteran's claim for service connection for thoracolumbar spine degenerative arthritis of the spine and IVDS is being remanded due to a pre-decisional error in obtaining an adequate medical opinion. The Board finds that there was insufficient evidence provided by the May 2016 VA examiner, as well as speculative opinions from the private provider.

The Board has remanded the claims for cervical spine degenerative arthritis and right shoulder disability due to insufficient medical opinions regarding their onset during service.

The Board has determined that there were duty to assist errors prior to the January 2022 decision and has ordered additional development, including obtaining private treatment records from the Orthopedic Specialists of Dallas and requesting addendum medical opinions.

The Veteran's degenerative arthritis of the lumbar spine is currently rated at 20 percent, but the Board finds that this rating is not warranted for any period on appeal due to lack of forward flexion or ankylosis.

The Veteran's claim for a rating in excess of 20 percent for service-connected lumbosacral strain was denied. The Board found that the Veteran's range of motion did not meet the criteria for an evaluation in excess of 20 percent. A TDIU was granted effective from November 17, 2016 to July 31, 2017.

The Veteran's lumbosacral strain with IVDS and degenerative arthritis, paralysis of the sciatic nerve in both lower extremities, and sinusitis have all been rated at their maximum allowable levels. The Board finds that none of these conditions warrant a higher rating based on current medical evidence.

The Veteran's appeal for an effective date prior to March 4, 2009, for a 10% rating for left knee psoriatic arthritis with enthesopathy and degenerative arthritis was denied. The claim for a higher rating for the same condition was also denied.

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

The Board has determined that the Veteran's bilateral knee degenerative arthritis pre-existed service and was aggravated by service, thus granting service connection for both knees.

The Veteran's right knee disability, status post total arthroplasty, is denied a rating in excess of 30 percent.,The Veteran's degenerative arthritis of the thoracolumbar spine and IVDS is denied a rating in excess of 20 percent.,The Veteran's service-connected right lower extremity radiculopathy from March 6, 2019, is granted a disability rating of 20 percent.,The Veteran's service-connected left lower extremity radiculopathy has not been rated higher than 20 percent.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected conditions were not the principal or contributory causes of his death.

The Veteran's cervical spine degenerative arthritis is granted a 30 percent rating.,The Veteran's lumbar spine degenerative arthritis is granted a 40 percent rating.

The Veteran withdrew his appeal regarding service connection for degenerative arthritis of the spine.