Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has determined that additional VA medical evidence is needed to properly adjudicate the Veteran's claims, and therefore, these matters are being remanded for further action.

The Veteran's claim for service connection of a left ankle disability was denied due to lack of evidence linking the current condition to his military service. The right shoulder disability ratings were also denied as there is no evidence showing that the current conditions meet or exceed the required criteria for higher ratings.

The Veteran's right great toe hallux rigidus with arthritis is granted an initial 10 percent disability rating, effective from the date of decision.

The Veteran's left and right knee conditions are rated at 10 percent each, with no higher ratings granted. The thoracolumbar spine condition is rated as 40 percent prior to September 15, 2022, but not in excess of that rating.,The Veteran's bilateral knee conditions do not meet the criteria for a higher disability rating under the applicable VA rating schedule.

The Veteran's claim for a higher initial rating and an effective date prior to April 10, 2006, was denied. The Board found that the criteria for an earlier effective date were not met due to lack of an informal or formal claim filed before April 10, 2006. For the period from May 4, 2021, forward, a rating of 40 percent is granted.

The Board has denied service connection for bilateral hearing loss and remanded the issue of left ankle disability. Service connection was granted for right shoulder and thoracolumbar spine disabilities.

The Board has determined that additional evidence has been added to the record and requests a remand for further review of these service connection claims. The Veteran is being asked to provide consent for this additional evidence to be considered.

The Board has remanded the claims for increased ratings and TDIU due to issues with the July 2016 VA examination of the Veteran's right knee, as well as the need to obtain additional treatment records and a new VA examination. The claims will be readjudicated after these actions.

The Veteran's right knee degenerative arthritis is rated at 10 percent, effective October 29, 2015. The Veteran's unspecified depressive disorder with unspecified anxiety disorder was initially granted a 10 percent rating prior to January 19, 2023 and later increased to 50 percent beginning on that date.,The Veteran's right knee degenerative arthritis is rated at 10 percent under Diagnostic Code 5260. The Veteran's unspecified depressive disorder with unspecified anxiety disorder was initially granted a 10 percent rating prior to January 19, 2023 and later increased to 50 percent beginning on that date.

The Veteran's appeal for service connection for bilateral hearing loss has been dismissed due to lack of pursuit.,Service connection for left knee degenerative arthritis is denied as there is no evidence of a current disability that was incurred or aggravated during active duty, and the condition did not manifest within one year of separation from service.,New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a lumbar spine condition. The appeal is granted to this extent only.

The Veteran's tinnitus is found to be related to his in-service noise exposure and has persisted since service.,Hypercholesterolemia is not considered a disability for VA compensation purposes, thus the claim cannot be granted.,There is no current diagnosis of hemorrhoids or renal dysfunction. The Veteran's complaints are deemed subjective and self-reported without objective evidence supporting these conditions.,The Veteran has bilateral hearing loss, cervical spine degenerative arthritis, and nephrolithiasis which were diagnosed post-service but not related to service.,Service connection for bilateral hearing loss is remanded as the etiology of the condition remains unclear.,Service connection for cervical spine disability (degenerative arthritis) is remanded due to insufficient evidence linking the current condition to service.,Service connection for nephrolithiasis is remanded as there are no definitive diagnoses prior to the Veteran's claims.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and an addendum VA medical opinion to determine if the Veteran's current lumbar spine disability is caused or aggravated by his service-connected right ankle disability.

The Board has remanded the Veteran's claim for service connection for a back disorder, to include as secondary to service-connected left varicocele, due to incomplete records and need for clarification of etiology. The case will be returned to the AOJ for further development.

The Veteran's service-connected disabilities (PTSD, bilateral hearing loss, tinnitus, and degenerative arthritis of the spine) have prevented him from obtaining and maintaining substantial employment consistent with his educational background and work history. Therefore, a Total Disability Rating based on Individual Unemployability for the period beginning August 22, 2008 is granted.

The Board has remanded the Veteran's claims for higher ratings for his bilateral knee disabilities due to inadequate reasons and bases in prior decisions, including failure to consider instability and provide proper range of motion testing. The case is being returned for further development.