Osteoarthritis (degenerative arthritis) decisions — 2024

The Board denied the Veteran's request for an effective date prior to June 28, 2013 for service connection of his spinal disability. The claim was granted with a 20% rating effective from that date. A temporary total rating based on hospitalization in 1993 is also denied.

The Board denied service connection for right knee osteoarthritis, finding that the current condition is not etiologically related to an in-service injury and there are no chronic symptoms of arthritis during or within one year after service.

The appeal of the March 2022 administrative decision is dismissed as moot. The AOJ accepted an October 2022 HLR request for review of the November 2020 denial of an increased rating for a low back disability and issued a December 2022 HLR rating decision. The right hip disability claim is remanded.

The Board denied service connection for a left knee disability, right knee disability, and bilateral plantar fasciitis as secondary to service-connected shin splints and sciatic nerve radiculopathy.,The evidence did not support the Veteran's claims that her knee disabilities or plantar fasciitis were related to service.

The Veteran's bilateral foot disability was rated at 30 percent from June 14, 2021. The Board granted a 50 percent rating for the condition effective from that date.

The Board has remanded the claims for further development and readjudication due to a failure to comply with an October 2019 Board decision regarding transfer of paper records into VBMS.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for right hip osteoarthritis based on limitation of flexion, a compensable rating for a right hip disability based on limitation of abduction, and a compensable rating for a right hip disability based on limitation of extension. The remand is due to the inadequacy of the September 2023 VA examination report.

The Board has granted earlier effective dates of June 26, 2017 for service connection for Major Depressive Disorder (MDD), Lumbar Spine Intervertebral Disc Syndrome (IVDS) with degenerative arthritis and degenerative disc disease, Right lower extremity radiculopathy of the sciatic nerve, and Left lower extremity radiculopathy of the sciatic nerve.

The Veteran's appeals for increased ratings for his right knee and lumbar spine disabilities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there is no evidence of in-service injury or disease and insufficient medical opinion to establish a nexus between current condition and service.

The Veteran's petition to reopen his claim of service connection for hypertension was granted, as new and material evidence has been received. The condition is now claimed as secondary to kidney, colon, and/or prostate cancer.,The Veteran's petition to reopen his claim of service connection for erectile dysfunction was granted, as new and material evidence has been received. The condition is now claimed as secondary to kidney, colon, and/or prostate cancer.

The Veteran's claim for an earlier effective date for the grant of service connection for a left knee disability is denied. The effective date is set at January 19, 2023.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The denial is based on lack of evidence showing an ascertainable increase in disabilities within one year prior to the date upon which the claims were raised.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for degenerative arthritis of the cervical spine with spinal stenosis and degenerative arthritis of the lumbar spine with spinal stenosis. The claims are being remanded due to a lack of contemporaneous medical records.

The Veteran's left thumb condition is currently rated at 10 percent, and his left ankle condition is rated at 20 percent. Both conditions are denied for increased ratings.

The Veteran's lumbar spine disability is rated at 40 percent, effective February 23, 2021. The rating reflects that the Veteran's flexion of the thoracolumbar spine was greater than 60 degrees but not more than 85 degrees during the appeal period.