Osteoarthritis (degenerative arthritis) Board decisions

The Board has granted service connection for degenerative arthritis of the cervical spine and posttraumatic stress disorder (PTSD). The Veteran's current disabilities are related to in-service events, with no evidence contradicting the opinions provided by medical professionals.

The Board has restored a 20 percent disability rating for the Veteran's service-connected degenerative arthritis with lumbar spine disability, effective June 13, 2023, as the reduction was improper due to lack of sustained material improvement under ordinary conditions of life and work.

The Board denied the Veteran's claims for clothing allowances due to lack of evidence showing that the use of his lumbar spine brace, right ankle brace, or skin cream caused wear and tear on his clothing.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The appeal for an initial rating in excess of 70 percent for PTSD is dismissed. The Veteran's claim for a TDIU from May 1, 2017 is granted.

The Board denied service connection for cataracts, finding no in-service symptoms or diagnosis of the condition and no link to the service-connected heart disability. Service connection was also denied for cervical spine degenerative arthritis and IVDS due to lack of evidence of a chronic injury during service.,A higher initial disability rating for the heart disability from August 18, 2022, was already adjudicated in this decision.

The Veteran's claim for a higher rating in excess of 10 percent for his bilateral foot disorder is being remanded due to pre-decisional errors and the need to consider multiple diagnoses, their service connection, and whether they can be separately rated.

The Board has determined that remand is necessary to obtain new VA examinations and a retrospective opinion for the Veteran's lumbar spine disability and right hip disability. The issues of rating higher for these conditions are being remanded.

The Veteran has withdrawn his appeal regarding the claims for left shoulder with degenerative arthritis involving the glenohumbral and AC joints, claimed as loss of use of left arm, and a neck condition. As such, these issues are dismissed.

The Board has determined that the Veteran's timely filing of a VA Form 9, Appeal to the Board, in January 2021 was not properly considered due to an error by the AOJ in not mailing the March 2020 SOC to the Veteran's representative. As a result, the appeal is granted and the case will proceed with issuance of an SSOC.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for bilateral shoulder disability and right lower abdominal hernia. The Veteran's vertigo is granted as secondary to service-connected hearing loss and tinnitus.

The Veteran's appeal for an increased rating in excess of 10 percent for right knee degenerative arthritis with strain was denied. The Board also found that the Veteran's left ankle disability is not service connected.,The Veteran's left ankle disability, diagnosed as a strain, has been denied service connection due to lack of evidence of disease or injury during service.

The Veteran's disability ratings for degenerative arthritis of the spine and bilateral lower extremity radiculopathy were reduced from 20% to 10%, but these reductions are found to be improper due to lack of improvement in function.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Veteran's appeals for increased evaluations of his service-connected asthma and lumbar spine disability have been dismissed as the Veteran withdrew his appeal in a written statement.

The Veteran's claims for service connection for low back disability, right knee disability, and left knee disability are remanded due to inadequate VA examinations. The Board finds the February 2019 and July 2019 VA examinations insufficient and requires additional evaluations.

The Veteran's degenerative arthritis of the spine is granted as service connected due to continuity of symptomatology and a causal relationship with in-service injury.

The Board has restored the Veteran's 30 percent ratings for left and right knee strain with osteoarthritis, effective June 1, 2024. The reduction from 30 to 20 percent was found improper due to lack of sustained improvement in disability.

The Board has granted service connection for pes planus, finding that the condition clearly and unmistakably existed prior to service and was aggravated by service.

The Veteran's appeal was denied for higher initial ratings for various conditions, including degenerative arthritis of the spine with IVDS, right and left upper extremity radiculopathy, and shoulder impingement syndrome. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA regulations.