OSTEOARTHRITIS

Summary

The Veteran served from October 2004 to July 2013. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision. The Veteran initially requested a hearing but later withdrew the request. Consequently, the Board's decision is based on evidence of record before the agency of original jurisdiction (AOJ) at the time of its decision, and any evidence submitted within 90 days following the withdrawal of the hearing request. The Veteran claimed service connection for arthritis and bone spurs. The Board reviewed the three-element test for service connection, which requires evidence of a current disability, an in-service event or injury, and a causal relationship between the two. The Veteran's service treatment records indicated some "very little osteoarthritic type changes" in the right ankle during service. However, post-service medical records and VA examinations conducted in 2019 did not reveal a current diagnosis of arthritis or bone spurs. The AOJ had previously denied service connection for these conditions in March 2019, and the Veteran did not appeal that decision. The Board found that VA satisfied its duty to assist by providing examinations. Since the Veteran does not have a current diagnosis of arthritis or bone spurs, the Board denied service connection for both conditions.

Rationale

No current diagnosis of arthritis; Service treatment records noted "very little osteoarthritic type changes" in right ankle; Post-service medical records and VA exams did not confirm current diagnosis

Full Decision Text

Citation Nr: A26032636
Decision Date: 04/08/26	Archive Date: 04/08/26

DOCKET NO. 210519-160281
DATE: April 8, 2026

ORDER

1. Service connection for arthritis is denied.

2. Service connection for bone spurs is denied.

FINDINGS OF FACT

1. The Veteran does not have a current diagnosis of arthritis.

2. The Veteran does not have a current diagnosis of bone spurs.

CONCLUSIONS OF LAW

1. The criteria for service connection for arthritis have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for service connection for bone spurs have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 2004 to July 2013.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision of the agency of original jurisdiction (AOJ). In May 2021, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)) and elected a hearing. In October 2024, the Veteran and Veteran's representative withdrew the request for a Board hearing.

Thus, the Board may only consider the evidence of record before the AOJ at the time of its decision on the issue(s) on appeal, evidence submitted by the appellant or his or her representative at the Board hearing, to include testimony provided at the hearing; and evidence submitted within 90 days following the Board hearing.  38 C.F.R. § 20.300(a), 302(a). If the hearing request is withdrawn pursuant to 38 C.F.R. § 20.704(e), the Board's decision will be based on a review of evidence of record at the time of the AOJ's decision on the issue(s) on appeal, and evidence submitted within 90 days following receipt of the withdrawal. 38 C.F.R. § 20.302(b). If additional evidence was submitted between the dates of the AOJ decision and the date the hearing request is withdrawn, the Board will not consider it unless it is resubmitted during the 90 days following receipt of the withdrawal request. If the appellant would like VA to consider any evidence that was added to the claims file that the Board could not consider, the appellant may file a supplemental claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim(s), considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a supplemental claim are included with this decision. See also Cook v. McDonough, 36 Vet. App. 175 (2023). 

Service connection for arthritis and bone spurs is denied.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection may also be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310.

On March 7, 2021, the Veteran submitted a claim for service connection for arthritis and for bone spurs. 

On March 12, 2021, VA requested clarification; specifically, VA requested the Veteran identify affected areas or joints of the body and to respond within 30 days. The Veteran did not respond. 

A review of the Veteran's Service Treatment Records (STRs) indicates the Veteran sought medical treatment for his right foot, right ankle, right elbow, and left hand during service. The only evidence pertaining to arthritis or bone spurs is a February 12, 2009, entry which states "very little osteoarthritic type changes" are seen in the Veteran's right ankle. See STR - Medical of March 28, 201
1, the Veteran submitted a claim for service connection for arthritis and for bone spurs. 

On March 12, 2021, VA requested clarification; specifically, VA requested the Veteran identify affected areas or joints of the body and to respond within 30 days. The Veteran did not respond. 

A review of the Veteran's Service Treatment Records (STRs) indicates the Veteran sought medical treatment for his right foot, right ankle, right elbow, and left hand during service. The only evidence pertaining to arthritis or bone spurs is a February 12, 2009, entry which states "very little osteoarthritic type changes" are seen in the Veteran's right ankle. See STR - Medical of March 28, 2018. 

A review of the Veteran's medical records after service does not indicate a current diagnosis of arthritis or bone spurs. 

In April 2019, the Veteran was afforded VA exams regarding his wrists, knees and lower legs, elbows and forearms, and hands and fingers. No arthritis or bone spurs were noted. 

In March, May, and July 2019, the AOJ denied service connection for the Veteran's musculoskeletal claims. Service connection was denied for the Veteran's right ankle in the March 2019 rating decision. The Veteran did not appeal. 

The Board notes that VA's pre-decisional duty to assist includes providing an examination or medical nexus opinion where necessary and the threshold for providing an examination or opinion is low. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). An examination is required when there is (1) competent evidence of a current disability, (2) evidence establishing an in-service event, injury or disease, (3) an indication that the current disability may be related to the in-service event, but (4) insufficient evidence to decide the case. McLendon, 20 Vet. App. at 81-83. 

The Board finds that the AOJ satisfied its duty to assist in providing the above-described VA exams regarding the Veteran's previous musculoskeletal claims. 

As noted above, the first element of the three-element test for service connection requires evidence of a current disability. However, the Veteran does not have a current diagnosis of arthritis or bone spurs. 

Service connection for arthritis and bone spurs must therefore be denied. 

 

 

Ann K. Minami

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H.D. Partridge

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.