Osteoarthritis (degenerative arthritis) Board decisions

The Veteran's claim for service connection for a recurrent right ankle disability, including injury residuals, lateral collateral ligament sprain, and osteoarthritis is being remanded due to the need for additional verification of his National Guard service records.

The Board dismissed the service connection claims for depression, anxiety, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, kidney condition, osteoarthritis, and right knee condition due to the Veteran's withdrawal of these issues during his hearing. The claim for hypertension was granted with a PACT Act presumption.

The Board has determined that the reduction of the disability rating for lumbosacral strain with degenerative arthritis from 20 percent to 10 percent, effective November 18, 2021, was improper and has restored the prior 20 percent disability rating. The Veteran's appeal also includes a remanded issue regarding entitlement to an increased disability rating for GAD.

The Board has granted service connection for degenerative arthritis in both the right and left hands, finding that there is an approximate balance of positive and negative evidence regarding whether the Veteran incurred these conditions during his military service.

The Veteran's TDIU claim was denied because the combined effect of his service-connected disabilities, not a single disability, prevented him from securing and following substantially gainful employment.

The Veteran's tinnitus is denied as there is no evidence of in-service noise exposure or continuity of symptoms from service.,Service connection for osteoarthritis, right knee, is denied due to lack of in-service injury and insufficient medical evidence linking the condition to service.,The appeal for service connection for osteoarthritis, left knee, was withdrawn by the Veteran.

The Veteran's unspecified depressive disorder is rated at 100% prior to June 23, 2021. SMC based on housebound status is granted due to the combination of his 100% service-connected unspecified depressive disorder and other disabilities rated at least 60%. TDIU is dismissed as moot with the grant of a 100% disability rating for unspecified depressive disorder.

The Veteran's service-connected disabilities, including right and left knee conditions, necessitate regular aid and attendance due to her inability to dress, groom, or tend to her daily needs. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar-spine degenerative disc disease and history of lumbar fusion, right-lower-extremity neuropathy, left-lower-extremity neuropathy, right-knee meniscal tear (claimed as bilateral knee condition), left-knee meniscal tear and degenerative arthritis, and bilateral foot pain with gait abnormality for further examination to determine if these conditions are secondary to his service-connected skin pathology of bilateral feet.

The Veteran's left foot plantar neuroma with degenerative arthritis and metatarsalgia is currently rated at 10 percent, the maximum schedular rating under DC 5279 for unilateral metatarsalgia. The Board found that a higher rating was not warranted as the symptoms were adequately addressed by the current rating.

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.

The Veteran's appeal for service connection for right wrist arthritis with post traumatic deformities and right knee degenerative arthritis was granted, with a rating of 10 percent effective April 8, 2013. The issue of the reasonableness of attorney fees based on past-due benefits awarded in the July 2022 rating decision is remanded to the Office of General Counsel.

The Veteran's claim for increased ratings for his right knee scars, instability, and limitation of flexion was denied. The Board found that the evidence did not support a compensable rating for the scars or a rating in excess of 10 percent for the limitation of flexion. A rating of 20 percent was granted for right knee instability.

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the cases for further examination and medical opinions regarding service connection for left knee degenerative arthritis and cervical spine strain.

The Veteran's lumbosacral strain degenerative disc disease with degenerative arthritis of the spine is rated at 40 percent, which is the highest rating available under the General Rating Formula for Diseases and Injuries of the Spine. This decision grants a higher rating based on functional loss equivalent to ankylosis.

The Veteran's service-connected left hip disability is not manifested by limitation of extension, flexion, or adduction/abduction to a degree that would warrant higher ratings. The current 10 percent rating under Diagnostic Code 5252 for limitation of flexion remains in effect.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Board has granted the Veteran's claims for service connection for a right knee disability and TDIU due to service-connected disabilities, finding that his conditions are related to his military service and prevent him from obtaining and maintaining employment.

The Veteran's claim for an initial disability rating in excess of 10 percent for right-hand index finger post fracture of middle and proximal phalanges and right-hand degenerative arthritis is denied as the maximum schedular rating available for limitation of motion of the index finger, whether with the dominant or nondominant hand, is 10 percent.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed due to the Veteran's withdrawal of his appeals.