Osteoarthritis (degenerative arthritis) Board decisions

The Board has granted service connection for left hip osteoarthritis as secondary to the Veteran's right thigh gunshot wound residuals, finding that the condition is proximately due to his service-connected injury.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's chronic fatigue symptoms and their relationship to service. The Veteran is seeking service connection for his reported fatigue/sleep disorder, including CFS.

The Veteran's lumbar spine DDD, degenerative arthritis, and IVDS are rated at 20 percent effective May 31, 2016. The LEFT lower extremity radiculopathy is denied.

The Veteran is granted SMC under 38 U.S.C. § 1114(o) and (r)(1) as of September 28, 2021 due to service-connected disabilities resulting in need for regular aid and attendance.

The Veteran's right foot degenerative arthritis was granted service connection effective June 17, 2020, the day following his separation from service. The other claims for left lower extremity radiculopathy and right lower extremity radiculopathy were denied as they predate this effective date.

The Veteran's service-connected disabilities, including intervertebral disc syndrome with degenerative arthritis of the spine, left shoulder impingement syndrome with degenerative arthritis, radiculopathy of the sciatic nerve, right lower extremity associated with intervertebral disc syndrome with degenerative arthritis, and tinnitus, have caused him to need regular aid and attendance due to his limited mobility. The Board has granted SMC based on this need.

The Board has denied the Veteran's claims for increased ratings for left knee strain with osteoarthritis and right knee strain, finding that an evaluation in excess of 10 percent is not warranted.

The Veteran's claim for an earlier effective date prior to January 29, 2022, for service-connected right shoulder strain and glenohumeral joint osteoarthritis was denied as he did not submit a timely claim within one year of his separation from service.

The Veteran's bilateral knee degenerative arthritis is rated at 10 percent each, and he is granted separate 10 percent ratings for patellar instability in both knees. The appeal is denied as the criteria for higher ratings are not met.

The Board denied earlier effective dates for service connection awards of PTSD, degenerative arthritis of the spine with lumbosacral strain, tension headaches, status-post left inguinal herniorrhaphy, costochondritis, and PFB and bilateral paronychia.

The appeal for service connection for right knee degenerative arthritis was dismissed due to a procedural defect.

The Board granted entitlement to an effective date of November 16, 2007 for TDIU on an extraschedular basis and for basic eligibility for DEA benefits. The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to June 3, 2016.

The Board has granted service connection for left AC joint osteoarthritis, right AC joint osteoarthritis, lower lumbar spine osteoarthritis, and RLE radiculopathy. The claims were remanded due to insufficient evidence regarding the Veteran's acquired psychiatric disorder.

The Veteran's degenerative arthritis of the spine and bilateral shoulder disabilities have been granted increased ratings effective August 25, 2021. The left shoulder disability received a rating of 30 percent, while the right shoulder disability was rated at 30 percent as well.

The Veteran's PTSD with borderline personality disorder and mild alcohol use disorder is granted a disability rating of 70 percent, but no higher.

The Veteran's appeal for an effective date earlier than December 13, 2017, for the awards of service connection for lumbar degenerative arthritis with strain and residuals of fractured coccyx was denied.,The Veteran's appeal for an increased rating greater than 20 percent for lumbar spine degenerative arthritis with strain and residuals of fractured coccyx is remanded.

The Board denied service connection for left hand and right hand osteoarthritis, finding no evidence of a nexus to active duty service or herbicide exposure.

The Board has decided to remand the case due to errors in VA's duty to assist, specifically regarding the Veteran's periods of INACDUTRA in the Army National Guard and obtaining relevant Federal records. The AOJ is instructed to take appropriate steps to obtain these records.

The Veteran's claim for restoration of a 20 percent disability rating for low back disability is granted, while the claim for an evaluation in excess of 20 percent remains denied.

The Board has determined that the Veteran's right hip disability is service-connected as it is more likely than not due to his service-connected injuries, including a fracture of his right tibia and other related conditions.