Osteoarthritis (degenerative arthritis) Board decisions

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C. § 1318 are not met.

The Veteran's claims for service connection have been dismissed due to untimely filing of the appeal.

The Veteran's tinnitus was denied as not being service-connected due to lack of chronicity in service and no evidence of continuity of symptomatology.,The Veteran's degenerative arthritis of the spine (claimed as back pain) is remanded for further review, with a focus on whether it became chronic in service.

The Veteran's appeal for service connection for migraines as secondary to degenerative arthritis of the lumbar spine was improperly docketed and dismissed due to a procedural error.

The Veteran's lumbar spine disorder is now granted with an effective date of September 11, 2003. For the period from June 29, 2004 to May 18, 2021, a 20 percent rating has been granted. From May 19, 2021, no higher rating is warranted.

The Veteran's service-connected disabilities are found to have contributed to his death, and the claim for service connection for cause of death is granted. The Appellant's claim for DIC benefits under 38 U.S.C. § 1318 is denied as she was not in receipt of a total disability rating for at least 10 years immediately preceding her husband's death.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis and spondylolisthesis is service-connected, as it is linked to an in-service vehicular accident.

The Board has determined that the September 2020 VA examination and opinion are inadequate, as they do not provide a clear etiological link between the Veteran's cervical spine disability and bilateral upper extremity radiculopathy. The claims for service connection are remanded to obtain an adequate medical opinion addressing these issues.

The Board has granted service connection for left knee osteoarthritis (OA) due to the Veteran's chronic symptoms during and after service, finding that reasonable doubt should be resolved in favor of the Veteran.

The Board has denied service connection for degenerative arthritis and degenerative disc disease of the cervical spine, finding that there is no evidence to support a direct link between these conditions and service. The Veteran's statements regarding his symptoms are not considered competent medical evidence.

The Board has remanded the Veteran's claims for bilateral shoulder disorder, hypertension, and GERD due to unclear evidence regarding the nature of his diagnoses and their relationship to service. The AOJ is required to obtain new VA examinations to clarify these issues.

The Board has decided to remand two issues: the initial rating for degenerative arthritis of the spine and service connection for a left lower extremity neurological disability. The AOJ needs to correct errors in obtaining an adequate VA examination, associating VA treatment records with the file, and ensuring that the SOC is viewable.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's claims for service connection for degenerative arthritis of the spine and hypertrophic gastritis were granted with effective dates set at April 9, 2019.

The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.

The Board denied service connection for a right foot disability, hypertension, diabetes mellitus, and right nephrectomy due to transitional cell carcinoma. The Veteran's conditions are not related to his active duty or training periods.,The VA examiners found no evidence of the onset of these conditions during the Veteran's military service.

The Board has remanded the Veteran's claim for service connection for a back condition, as there is insufficient evidence to determine if his current lower back condition was caused or aggravated by his service-connected right knee disability. The case will be returned for further examination and opinion.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Board denied service connection for sleep apnea as secondary to trochanteric pain syndrome of the right hip with osteoarthritis and tendinitis, limitation of extension. The appeal is remanded for a new VA examination to determine if the Veteran's sleep apnea had its onset in or is otherwise related to service.