Osteoarthritis (degenerative arthritis) decisions — 2020

The Veteran was granted a TDIU from June 22, 2016 to June 5, 2019 due to his service-connected disabilities. The issue of TDIU subsequent to June 5, 2019 is dismissed as moot.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence did not support a higher rating based on the criteria provided in the applicable diagnostic codes.

The Veteran's petition to reopen the claim for service connection for a left knee disability is granted. The Board finds that new and material evidence has been received, including testimony about the delay in seeking treatment after military service. Service connection for a skin disability is also remanded due to lack of an examination or opinion regarding exposure to herbicide agents.

The Board has determined that new and relevant evidence supports readjudicating the claims for service connection for right knee osteoarthritis and left foot hammer toes and first MTP osteoarthritis. The Veteran's recent grant of service connection for left knee osteoarthritis in an August 2019 rating decision may support his secondary service connection claims.

The Board has granted service connection for left knee osteoarthritis, right knee osteoarthritis, degenerative disc disease of the thoracic and lumbar spines, and migraines. The claim for service connection for migraines is remanded.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the spine with IVDS is dismissed because he did not file a Notice of Disagreement (NOD) regarding the assigned ratings.

The Board has decided that the Veteran's claim for service connection for a left knee disability, to include as secondary to service-connected left ankle sprain with residual pain, should be remanded due to inadequate examination and duty to assist.

The Veteran's increased disability ratings for residuals, fracture of the left femur, with left patellectomy and degenerative arthritis of the left knee, as well as his degenerative arthritis of the right knee, are denied.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been granted service connection with effective dates of September 21, 2015, for the former and January 13, 2020, for the latter.,A 40 percent rating has been assigned for degenerative arthritis (previously rated as low back disability) since January 13, 2020.

The Board has remanded the claims for service connection for right knee osteoarthritis on a secondary basis and TDIU due to the inadequacy of the May 2016 VA opinion. The Veteran's right knee osteoarthritis is being linked to his left knee osteoarthritis.

The Veteran's lumbar degenerative arthritis is currently rated at 10 percent, which is the maximum schedular rating available. The Board found that his symptoms did not warrant a higher rating due to limitations in range of motion and functional loss.,For his posttraumatic migraine headaches, the Veteran was denied a compensable rating as his attacks were less frequent and severe than required for a 10 percent rating.

The Veteran's initial rating for back disability is denied, and a higher rating of 10 percent is granted. The Veteran's LLE radiculopathy, sciatic nerve, is rated at 80 percent. A higher rating for LLE radiculopathy, femoral nerve, is denied. TDIU is also denied.

The Board denied a compensable initial disability rating for the Veteran's service-connected degenerative arthritis of the left knee with limitation of extension, finding that his symptoms did not warrant a higher rating under applicable diagnostic codes.

The Veteran's claim of service connection for a right ankle condition was denied in January 2004. New and material evidence has been received to reopen the claim, but the issue remains remanded due to the need for a VA examination.

The Board has decided to remand the case due to an inadequate VA medical opinion and a need for further action based on the Veteran's lay assertions of continuity of symptomatology.