Osteoarthritis (degenerative arthritis) decisions — 2023

The Board has remanded the claims for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, and ratings in excess of 20 percent for radiculopathy of both lower extremities from October 17, 2016. The AOJ is to seek authorization to obtain medical records from Noran Neurology, Neurosurgical Associates, or other providers seen through the Veterans Choice Program.

The Veteran's appeal includes multiple issues related to service connection and increased ratings for various conditions. The claims are being remanded due to the need for additional development, including verification of Reserve service dates and types, obtaining complete medical records, and requesting opinions on secondary service connection.

The Board has granted service connection for residuals of bladder cancer. The claim for bilateral hearing loss is remanded due to insufficient nexus opinion, and the claims for right knee condition and left knee strain are also remanded.

The Board has remanded the case due to an incomplete examination, requiring a new evaluation of the Veteran's right shoulder disability.

The Board has remanded the Veteran's spine disability increased rating issue due to lack of substantial compliance with the February 2023 remand directives. The case is now pending for a new VA back examination to obtain estimates concerning additional loss of range of motion during flare-ups.

The Veteran's lumbar intervertebral disc syndrome with degenerative arthritis changes is granted a 50% evaluation, effective from April 5, 2013. The TDIU claim remains pending as the maximum schedular rating had not been assigned for the entire period on appeal.

The Veteran's claims for increased ratings for knee conditions have been denied as the evidence does not support a rating in excess of 20 percent for bilateral knee instability.

The Veteran's low back pain related to degenerative arthritis of the spine is granted as service connected. The issues for left-hand and right-hand disabilities are remanded.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee disabilities due to inconsistencies in previous examinations. The Veteran is also being asked to provide an additional examination to determine the current severity of his service-connected conditions.

The Veteran's degenerative arthritis of the spine status post fracture T-5 was not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine or its functional equivalent from April 4, 2019 to November 9, 2020. As such, his claim for a higher disability rating was denied.

The Board has dismissed the appeals for all issues related to fibromyalgia, as well as several other conditions and service connection claims. The appeal concerning a rating greater than 20 percent for lumbar facet arthropathy with degenerative arthritis of the spine is also dismissed.

The Veteran's bilateral pes planus was aggravated during service, and his left foot degenerative arthritis and hallux valgus are related to this aggravation. Service connection is granted for these conditions.

The Veteran's claims for increased ratings were dismissed as the appeal is moot due to his death.

The Board has remanded the Veteran's claim for increased ratings for his service-connected cervical spine disability due to insufficient medical evidence and a need for additional development.

The Board denied service connection for left wrist and left knee disabilities, finding no current diagnoses or evidence of in-service injury that would support a grant of service connection.