Osteoarthritis (degenerative arthritis) Board decisions

The Board has decided to remand the case due to a pre-decisional duty to assist error, and will now consider whether the Veteran's current right knee disabilities are related to service, including his parachute and air assault jumps.

The Board dismissed the appeals for proposed rating reductions because no adjudicative determination was made, and the Veteran later withdrew his disagreement.

The Veteran's right knee disability, characterized by painful or limited motion at times due to pain and other factors, but with full extension to 0 degrees and flexion to greater than 30 degrees, is rated as 10 percent disabling. A separate 10 percent rating for right knee instability effective August 23, 2027, has been granted.

The Veteran's claims for tinnitus, bilateral hearing loss, right knee degenerative osteoarthritis, left knee degenerative osteoarthritis, right shoulder strain, and left shoulder strain are denied as there is no evidence of a claim prior to July 18, 2022.,The Veteran's claim for migraines has been reopened due to new and relevant evidence. The claims will be readjudicated.

The Veteran's tinnitus and left hip osteoarthritis with osteoarthritis of the left hip are granted as service-connected. The hearing loss issue is remanded for further examination.

The Veteran's left knee brace, used to treat a service-connected disability, caused increased wear and tear on his pants at an increased rate compared to his right knee brace. The Board granted the clothing allowance for the left knee brace in 2020.

The Board denied the Veteran's requests for earlier effective dates for service connection of degenerative arthritis of the cervical spine and right upper extremity radiculopathy, finding that no valid claim was submitted prior to September 4, 2020.

The Board has found that the Veteran's claim for service connection for degenerative arthritis of the right knee is remanded due to pre-decisional duty to assist errors, including failure to consider all relevant evidence and obtain a fully adequate VA medical opinion.

The Veteran's service-connected disabilities alone did not result in unemployability during the period on appeal, as he was able to maintain marginal employment.

The Veteran's claim for an earlier effective date for hypertension is denied.,The Veteran's claim for a higher rating for his lumbar spine disability is denied.

The Board has determined that the Veteran's back disability, including lumbar strain with degenerative arthritis, stenosis, and nerve root impingement, is related to his military service. The evidence is in equipoise as to whether this condition was caused by an injury during service.

The Veteran's claims for increased evaluations of his lumbosacral strain, IVDS, cervical spine degenerative arthritis, left shoulder impingement syndrome, and left leg radiculopathy are remanded due to inadequate prior VA examinations. The Veteran needs new and adequate examinations to assess the severity of these conditions.

The Veteran's claims for earlier effective dates for his disability ratings of degenerative arthritis of the lumbar spine are being remanded due to a duty to assist error regarding the ameliorative effects of medication on his condition.

The Board has dismissed the appeals for service connection of various conditions, including right foot degenerative arthritis and related issues. The appellant requested withdrawal of his appeals.

The Board has determined that the Veteran's low back disorder and insomnia are related to service, but has found insufficient evidence for a left knee disorder. The case is REMANDED to obtain an examination and opinion regarding the etiology of any diagnosed left knee disorder.

The Veteran's appeal is remanded due to duty-to-assist errors that occurred prior to the March 2021 rating decision on appeal. Specifically, VA did not obtain all reasonably identified private treatment records and SSA records.

The Veteran's claim for an earlier effective date for fibromyalgia was denied, and her TDIU was granted with an effective date of July 28, 2015. The decision is based on the Veteran's service-connected conditions.

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the claims for increased disability ratings for cervical strain and degenerative arthritis, left shoulder traumatic rotator cuff lesion residuals, right knee arthritis, left knee degenerative arthritis, chronic bronchitis, and bilateral hearing loss.

The Veteran's appeals for service connection for degenerative arthritis of the lumbar spine and tinnitus have been dismissed as both conditions were granted in a subsequent rating decision.

The Veteran's residuals of prostate cancer are rated at a 20 percent rating effective February 28, 2023. The Veteran's left knee degenerative arthritis post TKR is rated at 30 percent and remains unchanged.