Osteoarthritis (degenerative arthritis) Board decisions

The Board has remanded the case due to a duty-to-assist error in the December 2019 VA examiner's opinion, which did not consider the Veteran's lay statements and other diagnoses. The AOJ should obtain an adequate VA examination for the cervical spine disability.

The Veteran's degenerative arthritis of the spine with intervertebral disc syndrome is rated at 20 percent, which is continued. The disability does not meet criteria for a higher rating as there are no incapacitating episodes or forward flexion limited to 30 degrees or less.

The Veteran's claim for a disability rating greater than 10 percent for degenerative arthritis of the cervical spine was denied.,The Veteran's claim for restoration of a 30% rating for radiculopathy of the left upper extremity was granted. However, her claim for a compensable rating for hyperthyroidism is being remanded.

The Board has determined that the Veteran's service-connected disabilities do not render her helpless or so nearly helpless as to require the regular aid and attendance of another person. The case is being remanded for a VA examination to determine if there are any additional factors contributing to her need for aid and attendance.

The Board has granted the Veteran's claim for service connection for right knee disability as secondary to his service-connected right ankle disability.

The Veteran's right shoulder disability, including rotator cuff tendonitis and bursitis with labral tear, and acromioclavicular joint osteoarthritis, is related to a period of active duty for training (ACDUTRA) from October 24, 2017, to October 29, 2017. Service connection for this disability is granted.

The Board has determined that new and relevant evidence was received regarding the Veteran's claims of service connection for left thumb fracture residuals, a left shoulder disability, and a left foot disability. As such, these claims are being remanded to allow for further review.,Service connection is granted for left ankle osteoarthritis and lumbar disc disease with right radiculopathy (back disability). Service connection is denied for service connection for left thumb fracture residuals, a left shoulder disability, and a left foot disability.

The Board has granted service connection for limitation of flexion, knee (osteoarthritis, left knee), finding that the Veteran's current condition is etiologically related to his military service.

The Board denied the veteran's claims for service connection for left knee and right knee disabilities, finding no evidence of a current disability related to service.

The Veteran's cervical spine, right knee, and left knee conditions have been granted service connection as they are found to be related to her active military service.

The Board denied the Veteran's claims for earlier effective dates for entitlement to a total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The TDIU claim was granted effective February 1, 2020, but the Board found it not factually ascertainable that the Veteran's service-connected disabilities increased in severity so as to render him unemployable during the one-year period prior to his claim. For DEA eligibility, the effective date of February 1, 2020, was based on the TDIU award and is considered the earliest date at which the Veteran could establish eligibility for Chapter 35 benefits.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's left knee disability. The Veteran is seeking service connection for his current left knee condition, which he claims was caused by an injury sustained during service.

The Board has granted service connection for osteoarthritis of the left knee, right knee, and right shoulder impingement. The conditions are considered to be directly related to active duty.

The Board has determined that the Veteran's lumbar spine disability began during active service and is granted as service connection.

The Veteran's left foot disability, characterized by hallux valgus and degenerative arthritis of the 1st metatarsophalangeal joint (MPJ), has been rated at 10 percent since February 23, 2005. The Board denied an increased rating as the evidence does not show that his symptoms warrant a higher evaluation.

The Veteran's back condition and left lower extremity radiculopathy were granted service connection effective June 28, 2020.,A 40 percent rating for the back condition was also granted effective June 28, 2020.

The Veteran's service connection claim for a right knee disability, including degenerative arthritis, is granted. The Board also notes that the Veteran has been diagnosed with a left knee condition and remands to determine if it is related to his right knee disability.

The Board has denied the appellant's claim for a TDIU due to his service-connected disabilities, finding that he is not unemployable prior to June 5, 2023. The combined rating of his service-connected conditions does not meet the criteria for a TDIU.

The Veteran's service-connected disabilities, including Bipolar Disorder and Intervertebral Disc Syndrome with Degenerative Arthritis of the Thoracolumbar Spine, have rendered him totally occupationally impaired. The Board denied his request for VR&E benefits to pursue a Doctorate degree in either Business Administration or Psychology.

The Board has found that the Veteran does not have an acquired psychiatric disability, and therefore service connection for this condition is denied. The claims for cervical spine degenerative arthritis (claimed as residuals of neck injury) and residuals of a head injury are remanded due to insufficient consideration by the AOJ.