Osteoarthritis (degenerative arthritis) decisions — 2023

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10 percent. The Board has determined that a remand is necessary to assess the current severity of this disability and determine if it warrants a higher rating.

The Veteran's claim for increased ratings for various conditions, including lumbar spine degenerative arthritis with IVDS, spinal stenosis, and spondylolisthesis, S/P lumbar fusion, left ankle sprain and closed fracture of lateral malleolus, right ankle sprain, hyperhidrosis, and anal sphincter weakness with episodes of incontinence, was denied. The appeal for increased ratings is dismissed.

The Veteran's initial disability rating for miliaria was granted at 30 percent effective April 26, 2018. The increased rating claim for right hip osteoarthritis (limitation of flexion) was denied. Service connection was established for left hip osteoarthritis as secondary to service-connected right and left knee disabilities, degenerative arthritis of the spine, and deviated septum. Service connection for right shoulder osteoarthritis was also granted.

The Veteran's right and left knee degenerative arthritis disabilities are each rated at 10 percent, with a separate rating of 10 percent for right knee instability. The Veteran is granted increased ratings for these conditions.

The Veteran's claim for a rating in excess of 10 percent for osteoarthritis and cervical spine disability is remanded due to the need to obtain private chiropractic treatment records.

The Board has determined that an effective date of November 19, 2012, but no earlier, for the grant of service connection for degenerative arthritis of the thoracolumbar spine is warranted. The Veteran's claim was reopened on new evidence and granted effective from his separation from service.

The Veteran's right knee disability, including limited extension and instability, is rated at 20 percent. The left knee disability, including a meniscal condition and instability, is also rated at 20 percent. Effective May 19, 2011, the Veteran receives these ratings.

The Board has denied the Veteran's claim for service connection of a right knee disorder as secondary to his service-connected left knee disabilities. The evidence does not support a finding that the current right knee strain is proximately due to or aggravated by his service-connected left knee disabilities.,The issue of service connection for sleep apnea, which was remanded, remains pending and will be addressed in further development.

The Board has remanded several claims for further development, including examinations to address the nature and etiology of various conditions, as well as whether they are related to service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's right knee disorders and their relationship to service. The case will be returned for further examination and opinion.

The Board has denied the Veteran's claim for service connection for a heart disability, finding that there is no evidence of its onset during or within one year after service. The appeal was also remanded for additional examinations and opinions regarding his right elbow, right upper extremity cubital tunnel syndrome, bilateral lower extremity neuropathies, and left upper extremity peripheral neuropathy.

The Board denied service connection for a joint disability including degenerative arthritis of the left index finger interphalangeal joint and mild osteoarthritis of the left hand, finding that there was no credible evidence showing these conditions began during active service or were related to an in-service injury or disease. Service connection for HSV was also denied.

The Board has remanded the Veteran's claims for headaches and right hip disability due to insufficient consideration of all relevant evidence, including service treatment records and private medical opinions. The Veteran is seeking service connection for his current conditions, with a focus on secondary service connection.

The Veteran's claims for increased ratings for his bilateral knee disabilities are denied. The right and left knees remain rated at 20% each, with a separate 10% rating granted for the limitation of flexion in the left knee effective January 17, 2022. His service connection claim for a foot disability, hypertension, an acquired psychiatric disability, and TDIU are also remanded.

The Board has determined that the Veteran's current right hip, knee, and leg conditions are not related to his military service. The evidence does not support a nexus between any of these conditions and an in-service injury or event.

The Board has determined that the withholding of VA compensation benefits to recoup separation pay in the amount of $23,484.38 was proper and this appeal must be denied as a matter of law.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations.