Osteoarthritis (degenerative arthritis) decisions — 2024

The Veteran's mood disorder is rated at 70 percent, and his degenerative arthritis of the right ankle is rated at 20 percent. The appeal for a higher rating for the mood disorder is denied.

The Veteran's service connected PTSD, bilateral knee osteoarthritis, and bilateral foot degenerative arthritis are found to have caused his obesity, which then led to his obstructive sleep apnea. As a result, the Board has granted service connection for OSA on a secondary basis.

The Board has remanded several service connection claims due to duty-to-assist errors, including obtaining private medical records and requesting addendum opinions.

The Veteran's knee braces caused increased wear and tear on his pants, warranting annual VA clothing allowances for the year 2020.

The Veteran's initial disability ratings for his service-connected bilateral knee and ankle disabilities have been denied. The RO continued the existing 10 percent ratings for each joint.

The Board has determined that the VA examinations and medical opinions provided were inadequate, as they did not consider the Veteran's lay statements or other relevant evidence of record. The claims for service connection for right and left knee conditions are therefore remanded to obtain a new examination and medical opinion.

The Board has granted service connection for the appellant's Obstructive Sleep Apnea, finding that it is proximately due to obesity caused by his service-connected left knee osteoarthritis and right knee condition.

The Board denied the Veteran's claim for service connection for right osteoarthritis posttraumatic shin, finding that there is no current diagnosis of this condition and thus not warranting service connection.

The Veteran's claim for service connection for tinnitus has been granted. The Board found that the Veteran had continuous symptoms of tinnitus since service and met the requirements for presumptive service connection under 38 C.F.R. § 3.303(b).

The Board has granted service connection for degenerative disc disease of the lumbar spine and degenerative arthritis and stenosis of the cervical spine, finding that these conditions are at least as likely as not related to active service.

The Veteran's claims for obesity, peripheral neuropathy of the bilateral upper extremities, right knee osteoarthritis status post total knee arthroplasty, left foot disorder, diabetes mellitus type II, lumbar spine disorder, sleep apnea, and hypertension have been denied. The Board found that there is no evidence to support these claims.

The Veteran's claim for service connection for left shoulder rotator cuff tendonitis and tear with glenohumeral joint dislocation and degenerative arthritis was denied in September 2009. The Board found that an earlier effective date is not warranted as the Veteran did not appeal the initial denial, and there is no evidence of clear and unmistakable error (CUE) to overturn it. The claim was reopened on December 8, 2021, and service connection was granted with a rating of 20 percent effective from that date.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to August 24, 2021.

The Board has remanded the Veteran's claims for cervical spine disorder and degenerative arthritis of the spine due to inadequate medical opinions in previous decisions. The case is now pending for further review.

The Veteran's claims for effective dates prior to May 25, 2017 and May 30, 2018 for left total knee replacement and right hip scar, respectively, are denied. The claim for extension of a temporary total rating beyond July 1, 2018 is also denied. A compensable rating for the right hip scar is not granted. The Veteran's claims for increased ratings for his back disability are also REMANDED.

The Board dismissed the appeal of a reduction in rating from 100 percent to 30 percent for shoulder degenerative arthritis, status-post reverse total shoulder replacement because the decision was not a final agency action and thus could not be appealed.

The Board has decided to remand the cases for service connection for various conditions including bilateral hearing loss, tinnitus, degenerative arthritis of the hands and wrists, and erectile dysfunction. The Veteran was not provided notice of his right to a pre-decisional hearing before the AOJ.

The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.

The Board has granted earlier effective dates of September 1, 2010 for the Veteran's service connection for spinal stenosis with degenerative arthritis with intervertebral disc syndrome, lumbosacral strain with intervertebral disc syndrome, and a fracture of the middle/long finger of the left hand.

The Veteran's appeal is remanded for further development, including rescheduling of VA examinations to determine the current nature and severity of his service-connected lumbosacral spine disability and the nature and etiology of his claimed bilateral hip disability.