Osteoarthritis (degenerative arthritis) Board decisions

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's sleep apnea was aggravated by his service-connected PTSD or degenerative arthritis of the thoracolumbar spine, and obesity. The AOJ is instructed to obtain a new opinion addressing these issues.

The Board has determined that the decision denying eligibility for PCAFC is not clear and does not provide adequate reasons or bases. The Veteran's service-connected conditions, including PTSD, major depressive disorder with generalized anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), tension headache, left shoulder labral tear, wrist tendinitis, fibromyalgia, lumbosacral strain, knee pain, plantar fasciitis, tinnitus, TMJ capsulitis, dry eye syndrome, allergic rhinitis, scars, and psoriasis are considered. The Board has ordered remand to clarify the reason for denial and provide proper notice.

The Board has determined that the VA examination report is inadequate and represents a pre-decisional error in the duty to assist. The Veteran's right shoulder disability, including impingement syndrome, rotator cuff tendonitis, subacromial bursitis, rotator cuff tear, and degenerative arthritis, needs to be reassessed by a VA clinician.

The Veteran's left wrist condition, which preexisted service, was aggravated by his military service and is now considered service-connected.

The Veteran's back brace, used for a service-connected disability of degenerative arthritis of the lumbar spine, caused wear and tear to his clothing in 2018. The Board granted an annual clothing allowance for this year.

The Veteran's TDIU claim is granted effective February 11, 2011. Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status is also granted from the same date. The appeal concerning increased ratings for left knee instability prior to January 23, 2023, and left knee post-traumatic arthritis with moderate residuals is dismissed.

The Board denied the Veteran's claims of service connection for a left knee disorder, finding that there was no evidence to support direct or secondary service connection. The appeal is dismissed.

The Veteran's PTSD is granted, with a separate rating of 10 percent for right knee instability effective from September 29, 2014.,Right knee joint osteoarthritis receives a 10 percent evaluation as of September 29, 2014.

The Board has granted service connection for left shoulder strain and right shoulder degenerative arthritis, finding that these conditions are related to the Veteran's active service. The issues of TDIU have been remanded.

The Board has remanded the case due to insufficient examination and treatment records, requiring a new VA examination that considers the Veteran's complete medical history as well as his symptoms without the use of medication.

The Board has remanded the case for additional development, including obtaining outstanding relevant treatment records and requesting that the Veteran complete an Application for Increased Compensation Based on Unemployability (VA Form 21-8940).

The Veteran's right knee osteoarthritis and lateral instability were denied initial ratings higher than the current assigned ratings.

The Veteran's claim for a higher rating for lumbar spine degenerative arthritis was denied, as the disability did not meet the criteria for a greater than 20 percent or greater than 10 percent rating prior to August 18, 2011. The claim for TDIU prior to August 31, 2015, was also denied.

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran's lumbar spine condition is rated at 40 percent, which is the maximum schedular rating for her service-connected disability. The Board found that a higher rating was not warranted based on the evidence of record.

The Board remands the claim for a neck disability to obtain an addendum VA opinion addressing the holdings in Spicer and Saunders.

The Board has granted service connection for tinnitus and lumbosacral spine degenerative arthritis, finding that the Veteran's conditions are related to his military service. The decision is based on direct evidence rather than a presumption or secondary service connection.

The Veteran withdrew his appeals for the effective dates of various ratings and service connection determinations related to knee conditions, instability, meniscal tears, scars, and tinnitus. The Board dismissed these claims as a result.

The reduction of the rating for bilateral plantar fasciitis from 30 percent to 10 percent was improper, and the restoration of the 30 percent rating is granted. Ratings in excess of 30 percent for bilateral plantar fasciitis with right foot ossicle, right knee strain with degenerative arthritis, and left knee strain with degenerative arthritis are denied.

The Veteran's appeal is remanded for the following reasons: (1) The RO failed to associate VA treatment records from a non-VA provider with the claims file, which constitutes a pre-decisional error. (2) The issue of entitlement to a total disability rating based on individual unemployability (TDIU) was not developed prior to issuance of the June 2022 Supplemental Statement of the Case (SSOC).