Osteoarthritis (degenerative arthritis) decisions — 2024

The Board has determined that the September 2020 VA examination and opinion are inadequate, as they do not provide a clear etiological link between the Veteran's cervical spine disability and bilateral upper extremity radiculopathy. The claims for service connection are remanded to obtain an adequate medical opinion addressing these issues.

The Board has granted service connection for left knee osteoarthritis (OA) due to the Veteran's chronic symptoms during and after service, finding that reasonable doubt should be resolved in favor of the Veteran.

The Board has denied service connection for degenerative arthritis and degenerative disc disease of the cervical spine, finding that there is no evidence to support a direct link between these conditions and service. The Veteran's statements regarding his symptoms are not considered competent medical evidence.

The Board has remanded the Veteran's claims for bilateral shoulder disorder, hypertension, and GERD due to unclear evidence regarding the nature of his diagnoses and their relationship to service. The AOJ is required to obtain new VA examinations to clarify these issues.

The Board has decided to remand two issues: the initial rating for degenerative arthritis of the spine and service connection for a left lower extremity neurological disability. The AOJ needs to correct errors in obtaining an adequate VA examination, associating VA treatment records with the file, and ensuring that the SOC is viewable.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's claims for service connection for degenerative arthritis of the spine and hypertrophic gastritis were granted with effective dates set at April 9, 2019.

The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.

The Board denied service connection for a right foot disability, hypertension, diabetes mellitus, and right nephrectomy due to transitional cell carcinoma. The Veteran's conditions are not related to his active duty or training periods.,The VA examiners found no evidence of the onset of these conditions during the Veteran's military service.

The Board has remanded the Veteran's claim for service connection for a back condition, as there is insufficient evidence to determine if his current lower back condition was caused or aggravated by his service-connected right knee disability. The case will be returned for further examination and opinion.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Board denied service connection for sleep apnea as secondary to trochanteric pain syndrome of the right hip with osteoarthritis and tendinitis, limitation of extension. The appeal is remanded for a new VA examination to determine if the Veteran's sleep apnea had its onset in or is otherwise related to service.

The Board has granted service connection for bilateral knee arthritis and low back pain, finding that the Veteran's symptoms are related to his in-service motor vehicle accident.,Service connection was denied for glaucoma as there is no evidence linking it to active service.

The Board has determined that the VA examination and opinion are inadequate for both left hip osteoarthritis and right hip arthritis. The Veteran's claims of entitlement to an initial rating in excess of 10 percent for his left hip osteoarthritis and service connection for his claimed right hip arthritis, including as secondary to his service-connected right knee disability, are remanded due to duty-to-assist errors.

The Board has granted service connection for the Veteran's back disability, finding that his symptoms are related to an in-service accident and resolving reasonable doubt in his favor.

The Veteran's appeals for higher ratings for hypertension, left ankle degenerative arthritis, and right ankle degenerative arthritis were denied. A total disability rating based on individual unemployability (TDIU) was granted.

The Veteran withdrew all his appeals regarding the service connection for various radiculopathy conditions and degenerative arthritis of the thoracolumbar spine.

The Veteran's left ankle strain is currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 5271.,The Veteran's degenerative arthritis of the left foot is currently rated at 10 percent.

The Veteran's claim for an increased rating for costochondritis is denied as his condition does not meet the criteria for a 100% rating.,The Veteran's claim for an increased rating for back disability prior to December 5, 2019 and thereafter is denied. The Board finds that the evidence does not show impairment warranting a higher rating under any applicable diagnostic code.,The Veteran's claims for initial ratings of 20% for right lower extremity radiculopathy and left lower extremity radiculopathy are denied as there is no evidence of incapacitating episodes or other factors warranting such a rating.,The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied. The Board finds that the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.