Osteoarthritis (degenerative arthritis) decisions — 2019

The Board has withdrawn the claim for PTSD and is remanding the claim for thoracic spine osteoarthritis with lumbar spine degenerative disease due to additional evidence needed.

The Board has remanded the issues of entitlement to earlier effective dates for the assignment of 10 percent ratings for osteoarthritis of the right and left knees, as these claims are not properly before the Board.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome, as well as his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities do not meet the criteria for VR&E benefits as he is successfully pursuing a Juris Doctor degree and has transferable skills that make him suitable for employment.

The Veteran's claims for left arm injury, residuals of right hand fracture, degenerative arthritis of the left hand, TBI, type II diabetes mellitus, hyperlipidemia (high cholesterol), bilateral eye disability and cataracts, hypertension, left foot disability, right foot disability, obstructive sleep apnea, restless leg syndrome, and acquired psychiatric disability have all been denied.,The Veteran's claims for service connection for these conditions are not supported by the evidence of record.

The Veteran's petition to reopen a claim for service connection for a right knee disability is granted. The case is remanded due to the need for a VA examination to address the nature and etiology of any current right knee disability.

The Board denied the Veteran's claim for service connection for a left shoulder condition, including glenohumeral joint osteoarthritis, finding that there was no evidence linking his current condition to his active service.

The Veteran's appeals for an earlier effective date and a compensable rating for left ear hearing loss have been withdrawn.,A higher rating for the Veteran’s service-connected left knee disability is denied as there is no evidence of limitation of flexion to 30 degrees or less.

The Veteran's dementia is granted as secondary to his service-connected diabetes mellitus. He is also granted SMC based on aid and attendance due to his service-connected disabilities, which require him to be in need of regular assistance. The Veteran is also eligible for specially adapted housing.

The Veteran's appeal for a higher rating for his right elbow condition was dismissed. His bilateral hearing loss is now rated at 10 percent, effective June 10, 2019.,Service connection has been granted for degenerative arthritis of the right knee and degenerative joint disease of the lumbar spine.

The Veteran's service-connected disabilities, including depressive disorder, degenerative arthritis of the thoracolumbar spine, chondromalacia patellar with arthritis, and tinnitus, rendered him unable to secure or follow substantially gainful employment since March 20, 2018.

The Board has determined that the Veteran's right below the knee amputation is associated with his service-connected degenerative arthritis of the right knee, leading to a grant of service connection.

The Board has granted service connection for degenerative arthritis of the cervical spine, lumbar stenosis with radiculopathy, and bilateral hearing loss. The conditions are deemed to have had their onset during service.

The Board has remanded two issues: one regarding a rating for lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS) and another for left lower extremity radiculopathy of the sciatic nerve. The reasons are that the VA examinations did not provide sufficient information to assess the Veteran's functional impairment, particularly during flare-ups or after repeated use over time.

The Veteran's low back disability is rated at 40 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's right lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's meniscal tear with degenerative arthritis of the right knee is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.