Osteoarthritis (degenerative arthritis) Board decisions

The Board denied a higher rating for bilateral hearing loss and remanded the claims for osteoarthritis of the right hip, left lower extremity sciatic nerve radiculopathy, and right lower extremity femoral nerve radiculopathy.

The Board granted service connection for left hand and right hand essential tremors, as well as increased ratings for knee instability, degenerative arthritis of the spine, and degenerative arthritis of the right ankle. The appeal was denied for a left ankle disability.

The Board denied or dismissed the veteran's claims for earlier effective dates, higher ratings, and service connection for various conditions, with some grants of earlier effective dates and initial ratings.

The Board denied increased ratings for the left knee disability and instability, but granted a 100 percent rating from May 31, 2023, for posttraumatic stress disorder (PTSD) with bipolar I disorder.

The Board granted earlier effective dates for the grants of service connection for degenerative arthritis of the spine with bilateral sacroiliac joint dysfunction, injury of nerves at right wrist and hand level, neuritis of the musculocutaneous nerve (superficial peroneal), injury of nerves at right wrist and hand level, all radicular groups, and nerve damage to right wrist and hand (claimed as right wrist condition). Service connection for bilateral lower extremity radiculopathy was also granted as secondary to service-connected degenerative arthritis with sacroiliac joint dysfunction.

The Board granted earlier effective dates for the award of disability ratings for left hip osteoarthritis, specifically a 40 percent rating for limitation of flexion, a 20 percent rating for thigh impairment, and a 10 percent rating for limitation of extension, from November 18, 2020.

The Board denied a rating higher than 60 percent for heart disease and a rating higher than 40 percent for bilateral hearing loss, but restored the 60 percent rating for gout effective June 1, 2020. The claims for ratings higher than 30 percent for right shoulder disability were remanded.

The Board remands the claims for further development and to ensure proper due process, including adequate requests for service and medical records, and adequate medical examinations based upon an accurate record.

The Board remands the claims for additional development, specifically to obtain addendum medical opinions assessing the severity of the Veteran's service-connected cervical spine and right knee in terms of functional loss with weight bearing and passive motion.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound status due to a lack of evidence showing that her service-connected disabilities rendered her in need of regular aid and attendance or housebound.

The Board granted an initial 30 percent rating for spinal stenosis with degenerative arthritis and headaches as secondary to the service-connected cervical spine disability, but denied higher ratings for the cervical spine and upper extremity radiculopathies.

The Board denied an initial compensable disability rating for the Veteran's back scar and remanded issues related to increased ratings for lumbar spine, left knee, and radiculopathy disabilities.

The Board dismissed the veteran's appeals for failure to timely file a notice of disagreement within one year of the rating decisions.

The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.

The Board granted service connection for left knee degenerative arthritis as secondary to a service-connected back degenerative disc disease disability on an aggravation basis.

The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.

The Board denied a rating in excess of 40 percent for voiding dysfunction and bladder neck obstruction, status-post prostatectomy as a matter of law. The claim was also remanded to address the service connection for a right hip disorder.

The appeal to readjudicate the claim of service connection for cervical spine degenerative arthritis was denied due to a lack of new and relevant evidence.

The Board denied the veteran's claims for earlier effective dates and higher ratings, except for restoring a 30 percent disability rating for right knee strain and a 20 percent disability rating for left knee strain.

The Board denied entitlement to a TDIU prior to April 15, 2011, as the Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment.