Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's lumbar spine disability is rated at 60 percent since February 9, 1972. The Board has now granted a 100 percent rating for the entire period on appeal due to unfavorable ankylosis of the entire spine.

The Board has granted an earlier effective date of January 7, 2020 for the Veteran's cervical strain disability rated at 30 percent.

Effective dates of June 6, 2014, and no earlier, have been granted for service connection for lumbosacral spine strain with degenerative arthritis, cervical spine strain, degenerative arthritis, and intervertebral disc syndrome, and PTSD.

The Veteran's claims for increased ratings and service connection are remanded due to procedural errors in the initial rating decision. The AOJ is instructed to obtain adequate range of motion measurements for the lumbar spine disability, provide a VA examination regarding left foot/ankle instability, and adjudicate the secondary service connection claim.

The Board has denied the Veteran's claim for service connection of bilateral pars defect (degenerative arthritis spondylolysis) as there is no evidence to support a finding that his current condition began during active service or is otherwise related to an in-service injury, illness, or disease.

The Veteran's claims for increased ratings and earlier effective dates have been granted, with the earliest effective date being September 22, 2020.,Earlier effective dates of September 20, 2020, were also granted for SMC housebound benefits and Dependents' Educational Assistance (DEA) based on the Veteran's service-connected PTSD.

The Veteran's claim for an increased disability evaluation for his service-connected degenerative disc disease and degenerative arthritis of the lumbar spine with IVDS is denied. The VA has assigned a 40 percent rating, which is the maximum available under the applicable diagnostic codes.

The Veteran's degenerative arthritis and achilles tendonitis of both ankles are rated at 30 percent each, effective May 17, 2021.

The Veteran's degenerative arthritis of the spine with lumbosacral strain is granted as service-connected.,The Veteran's bilateral lower extremity radiculopathy, secondary to now service-connected degenerative arthritis of the spine with lumbosacral strain, is granted on a causation basis.,The Veteran's preexisting bilateral pes planus was aggravated by active duty service and is therefore service-connected.

The Veteran's appeals for increased ratings for his right knee conditions and radiculopathy in both lower extremities have been dismissed as withdrawn. A TDIU has been granted.

The Board has remanded the case due to a need for an addendum opinion regarding the etiology of the Veteran's current right rotator cuff tendonitis with degenerative arthritis, as there is conflicting evidence and opinions in the record.

The Veteran's low back pain with degenerative arthritis is being remanded for a VA examination to determine if it is related to service, including carrying heavy pack loads and flak jackets.

The Board has granted service connection for cervical spondylosis and degenerative arthritis disability as secondary to the Veteran's service-connected lumbar spine intervertebral disc syndrome (IVDS). Service connection was also granted for a scar status-post anterior cervical discectomy as secondary to his cervical spondylosis and degenerative arthritis disability. The claims for left upper extremity radiculopathy and right upper extremity radiculopathy were dismissed due to the Veteran not filing a timely VA Form 10182.

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C. § 1318 are not met.

The Veteran's claims for service connection have been dismissed due to untimely filing of the appeal.

The Veteran's tinnitus was denied as not being service-connected due to lack of chronicity in service and no evidence of continuity of symptomatology.,The Veteran's degenerative arthritis of the spine (claimed as back pain) is remanded for further review, with a focus on whether it became chronic in service.

The Veteran's appeal for service connection for migraines as secondary to degenerative arthritis of the lumbar spine was improperly docketed and dismissed due to a procedural error.

The Veteran's lumbar spine disorder is now granted with an effective date of September 11, 2003. For the period from June 29, 2004 to May 18, 2021, a 20 percent rating has been granted. From May 19, 2021, no higher rating is warranted.

The Veteran's service-connected disabilities are found to have contributed to his death, and the claim for service connection for cause of death is granted. The Appellant's claim for DIC benefits under 38 U.S.C. § 1318 is denied as she was not in receipt of a total disability rating for at least 10 years immediately preceding her husband's death.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis and spondylolisthesis is service-connected, as it is linked to an in-service vehicular accident.