Osteoarthritis (degenerative arthritis) decisions — 2019

The Veteran's service connection for bilateral hearing loss is denied. The Board granted a TDIU based on the benefit-of-the-doubt doctrine, resolving all reasonable doubt in favor of the Veteran.

The Board has granted service connection for the Veteran's degenerative disc disease, lumbar spine and osteoarthritis of the cervical spine with foraminal stenosis and intervertebral disc syndrome. The other conditions were denied as they are not attributable to service.

The Board denied the Veteran's appeal as he did not file a timely substantive appeal with respect to the July 2012 rating decision, which addressed his claims for service connection for various conditions.

The Veteran's current diagnosis of degenerative arthritis of the lumbar spine is not service connected as it did not manifest during or within one year after his active service, and there is no evidence linking the condition to an in-service back strain.

The Veteran's service-connected disabilities, including sleep apnea, shoulder conditions, and PTSD, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has granted the Veteran's claim for service connection for a right knee condition, including degenerative joint disease. The evidence is at least in equipoise as to whether the Veteran’s current right knee conditions are related to his military service.

The Veteran's claims for increased ratings for various knee, cervical spine, and foot disabilities were denied. The Board found that the current 10 percent ratings assigned for right and left knee osteoarthritis, as well as the cervical spine disability, are appropriate based on the evidence of record.

The Board has decided to remand the cases for further development and examination, as well as additional consideration of the issues on appeal.

The Board has remanded the Veteran's claims for service connection for PTSD, an acquired psychiatric disorder, sinusitis, a degenerative arthritis of the spine, intervertebral disc syndrome, and lumbosacral strain (claimed as low back disability), and bilateral flat foot disability due to inadequate VA examinations and lack of evidence regarding the relationship between these conditions and service.

The Board has remanded the Veteran's claims for an initial disability rating greater than 10 percent prior to February 9, 2017 and greater than 20 percent thereafter for osteoarthritis of the lumbar spine. The Veteran also had his TDIU claim remanded due to inconsistencies in VA examination reports.,The Board has also remanded the Veteran's claim for an effective date earlier than September 6, 2018 for the assignment of a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Veteran's claims for service connection for neuropathy of the feet, osteoarthritis, rheumatoid arthritis, and a respiratory disorder are remanded due to the need for additional medical examinations.

The Veteran's right ankle disability is currently rated as noncompensable, but a higher rating of 10 percent is granted.,The Veteran's right wrist disability is currently rated as 10 percent disabling. The Board has remanded the issue for further development.

The Veteran's claim for an increased rating for right knee degenerative arthritis is denied. The current assigned 10 percent rating adequately reflects the severity of his symptoms, including pain and crepitus.

The Veteran's right foot disability, characterized by osteoarthritis and mild hammertoe of the fifth toe, has been rated at 20 percent since November 4, 2010. The Board found that a higher rating is not warranted under any applicable diagnostic codes.

The Veteran's foot disability, including bilateral plantar fasciitis with degenerative arthritis of the first metatarsophalangeal joint and hallux rigidus, was rated at 10 percent prior to August 11, 2014. Ratings in excess of 30 percent were granted from August 11, 2014 to April 19, 2018, and a maximum rating of 50 percent thereafter.