Osteoarthritis (degenerative arthritis) decisions — 2025

The Board denied the Veteran's appeal for an initial rating greater than 20 percent for residuals of a right ankle fracture and lateral collateral ligament sprain with osteochondritis dissecans, to include osteochondral fracture and degenerative arthritis, status-post Brostrom surgery.

The Board restored the 40% rating for lumbosacral strain with degenerative arthritis, denied earlier effective dates and higher ratings for bilateral lower extremity radiculopathy, and denied a TDIU.

The Board remands the claims for a rating in excess of 20 percent for degenerative arthritis of the cervical spine, a rating in excess of 10 percent for right patellofemoral syndrome, and a separate rating in excess of 10 percent for right knee instability due to inadequate VA examinations.

The Board denied the Veteran's claim for an earlier effective date for a 20 percent rating for right shoulder acromioclavicular joint osteoarthritis, as there was no evidence of a factually ascertainable increase in disability prior to December 28, 2022.

The Board dismissed the appeal as the Veteran failed to follow the claims processing rules.

The appeal for a TDIU is remanded to the Undersecretary for Benefits or the Director of Compensation Service for extraschedular consideration under 38 C.F.R. §4.16(b).

The Board granted service connection for the Veteran's back conditions, finding that they are related to his active-duty service.

The Board denied earlier effective dates for increased ratings and separate evaluations for the Veteran's bilateral knee disabilities, finding that the evidence did not establish entitlement to increased ratings prior to March 21, 2024.

The Board granted an increased rating of 60 percent for chronic edema, right lower extremity. The claims for service connection for right and left knee disabilities were remanded.

The Board granted service connection for a neck scar, dismissed the claim of entitlement to service connection for drug and alcohol abuse, and denied service connection for depression, posttraumatic stress disorder (PTSD), dizziness disorder, fatigue disorder, hepatitis B, hepatitis C, degenerative arthritis, left ankle arthritis, and left foot disorder.

The Board remands the claims for a right hip disability, a higher rating for a right knee strain, and a higher rating for a right shoulder degenerative arthritis to correct duty to assist errors.

The Board granted a 10 percent rating for left knee strain, limitation of flexion and denied a rating in excess of 10 percent for left knee sprain, limitation of extension. The claims for increased ratings for the right knee and service connection for hypertension were remanded.

The Board granted service connection for GERD, obstructive sleep apnea, and increased the ratings for PTSD and bilateral shin splints.

The Board denied increased ratings for the Veteran's intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee degenerative arthritis, as well as left ankle strain.

The Board remands the claim to ensure that the Veteran is provided adequate notice and an opportunity to respond to a jurisdictional defect regarding the timeliness of his NOD.

The Board remands the claims for a right knee disorder, lumbar spine degenerative arthritis with spinal stenosis, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.

The Board denied service connection for degenerative arthritis of the lumbar spine as there is no evidence that it began during active service or is otherwise related to an in-service injury, event, or disease.

The Board granted a 30 percent rating for left ankle osteoarthritis from June 25, 2021, and a separate 10 percent rating for left ankle instability.

The Board granted an effective date of March 14, 2022, for the award of a 40 percent evaluation for chronic sprain of the lumbar spine with spondylitic spondylolisthesis, degenerative arthritis, and disc diseases.

The Board remands the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to his service-connected conditions.