Osteoarthritis (degenerative arthritis) decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's pre-existing right knee disability was aggravated by service. The Veteran needs a new VA examination and authorization for private treatment records.

The Veteran's claim for compensation due to an incisional hernia resulting from kidney stone surgery is denied. The Board finds that there was no carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part in furnishing hospital care, treatment, or examination that proximately caused the Veteran's additional disability.

The Veteran's right shoulder disability, including recurrent dislocation and post arthroplasty with acromioclavicular joint osteoarthritis, is currently rated at 20%. The Board finds a new VA examination is needed to determine the current severity of his service-connected right shoulder disability.

The Board has granted service connection for several conditions, including lumbar spondylosis with DDD, radiculitis of the right and left lower extremities, right knee osteoarthritis, left knee osteoarthritis, cervical spondylosis with DDD, residuals of a hip fracture, and denied service connection for diabetes mellitus type 2, sleep apnea, and hypertension.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's symptoms were chronic in service and continuous after service separation. The decision is based on presumptive service connection due to arthritis of the lumbar spine.

The Veteran withdrew his appeal regarding an increased initial rating for his service-connected left shoulder degenerative arthritis before the Board could make a decision.

The Board has reopened the Veteran's service connection claim for PTSD and remanded several other issues including increased ratings for his wrist and ankle conditions, as well as a TDIU determination.

The Veteran's lumbosacral strain with degenerative arthritis of the spine, IVDS, spinal stenosis, and scoliosis is rated at 20 percent prior to July 13, 2015, and at 40 percent since that date.,An initial disability rating in excess of 30 percent for depressive disorder was granted from May 9, 2018 to September 10, 2018. A higher rating is denied as of September 10, 2018.

The Veteran's service connection claims for cervical spine disorder, lumbar spine disorder, left hand polyarthritis, right hand polyarthritis, left foot rheumatoid arthritis (due to Agent Orange exposure), and right foot rheumatoid arthritis (due to Agent Orange exposure) have been denied. The Board found that the disorders are not related to service.

The Board denied the Veteran's claims for service connection for a condition of the lower back, to include degenerative arthritis, and an initial compensable rating for bilateral hearing loss.

The Veteran's claim for service connection for a left foot disability is being remanded due to the need for an addendum opinion and additional treatment records.

The Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood has been granted a disability rating of 70 percent, effective from February 22, 2013.,The Veteran's TDIU claim was also granted.

The Veteran's claims for effective dates earlier than March 7, 2014 for the grants of service connection for various conditions associated with his back disability have been denied. The Board found that there was no evidence in the claims file prior to March 7, 2014 warranting an earlier effective date.,The Veteran's claim for a rating in excess of 20 percent for spinal fusion with degenerative arthritis of the spine from March 7, 2014 to December 27, 2018 has been denied. The Board found that he did not meet the criteria for such a rating.

The Board has reopened the Veteran's claims for service connection for various arthritic conditions, but has remanded them due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection due to missing service treatment records. The AOJ is instructed to request any available medical records from the Ohio National Guard.