DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The veteran, who served in the United States Army from February 1971 to November 1973, appeals the denial of service connection for a back condition and bilateral knee conditions. The veteran contends that his degenerative arthritis with intervertebral disc syndrome, including spinal stenosis and lumbar scoliosis, is directly related to his military service. He also asserts that his right knee total arthroplasty and left knee strain are secondary to his service-connected lumbar spine disability. The Board notes that the Department of Veterans Affairs Regional Office (RO) had already granted service connection for these conditions in prior decisions. Specifically, the RO found the back condition directly related to service and the knee conditions secondary to the service-connected lumbar spine disability. The Board is bound by these favorable RO findings under the Appeals Modernization Act. Therefore, the Board granted service connection for the degenerative arthritis with intervertebral disc syndrome, right knee total arthroplasty, and left knee strain, adopting the RO's favorable findings and granting the appeal for these conditions. The Board will allow the RO to assign effective dates for these awards.

Rationale

Favorable finding by RO adopted by Board; Directly related to military service

Full Decision Text

Citation Nr: A26037731
Decision Date: 04/22/26	Archive Date: 04/22/26

DOCKET NO. 221013-296463
DATE: April 22, 2026

ORDER

Entitlement to service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis (claimed as back condition) is granted.

Entitlement to service connection for right knee total arthroplasty is granted.

Entitlement to service connection for left knee strain is granted.

FINDINGS OF FACT

1. The Veteran's degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis is directly related to his active military service.

2. The Veteran's right knee total arthroplasty is secondary to his service-connected lumbar spine disability.

3. The Veteran's left knee strain is secondary to his service-connected lumbar spine disability.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.102.

2. The criteria for entitlement to service connection for right knee total arthroplasty have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

3. The criteria for entitlement to service connection for left knee strain have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 1971 to November 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2022 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In the October 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held in April 2026. Therefore, the Board may only consider the evidence of record at the time of the September 2022 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran 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 claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

As mentioned above, the Veteran testified at a Board hearing in April 2026 before the undersigned Veterans Law Judge. Although a transcript of the record has not yet been added to the record, the Board finds that proceeding without a copy of the transcript is not prejudicial to the Veteran as the full benefits sought on appeal are being granted. During that hearing, it was discussed that the appeal be advanced on the Board's docket due to exceptional circumstances. In this regard, it was noted that the Veteran was seriously ill. Pursuant to 38 U.S.C. § 7107(a)(2), advancement on the docket (AOD) may be granted if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. Upon consideration of the Veteran being seriously ill, the Board herein grants the AOD request that was discussed during the April 2026 hearing pursuant to 38 U.S.C. § 7107(a)(2).

 The Board notes that the Veteran has already been granted service connection for the issues on appeal; however, because this appeal was pending at the time service connection for these issues was granted by the AOJ in supplemental claims, the Veteran is entitled to service connection for these issues in this appeal stream which pre-dates the supplemental appeal streams under which service connection was previously granted.


), advancement on the docket (AOD) may be granted if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. Upon consideration of the Veteran being seriously ill, the Board herein grants the AOD request that was discussed during the April 2026 hearing pursuant to 38 U.S.C. § 7107(a)(2).

 The Board notes that the Veteran has already been granted service connection for the issues on appeal; however, because this appeal was pending at the time service connection for these issues was granted by the AOJ in supplemental claims, the Veteran is entitled to service connection for these issues in this appeal stream which pre-dates the supplemental appeal streams under which service connection was previously granted.

Service Connection

Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d, 1362, 1366 (Fed. Cir. 2009).

Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be proximately caused by or proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc); see also Ward v. Wilkie, 31 Vet. App. 233 (2019) (aggravation may be found when there is any incremental increase in disability or impairment of earning capacity, regardless of permanence).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).

1. Entitlement to service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis is granted. 

The Veteran contends that his degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis is causally related to his active military service.

In a March 2023 rating decision, the AOJ granted service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis. The AOJ favorably found that service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis had been established as directly related to military service. The Board is bound by the AOJ's favorable findings under the Appeals Modernization Act (AMA). 38 C.F.R. § 3.104(c).

Accordingly, based on the AOJ's favorable findings in the aforementioned rating decision, the Board finds that service connection for degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis is warranted, and the appeal is granted. The Board will not assign an effective date for the award of service connection and will allow the AOJ to do so in the first instance.

2. Entitlement to service connection for right knee total arthroplasty is granted.

3. Entitlement to service connection for left knee strain is granted.

The Veteran asserts that his bilateral knee conditions are secondary to his lumbar spine condition.

In an April 2025 rating decision, the AOJ granted service connection for right knee total arthroplasty and left knee strain. The AOJ favorably found that service connection for right knee total arthroplasty had been established as related to the service-connected disability of degenerative arthritis, degenerative disc disease, intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis of the thoracolumbar spine. The AOJ also favorably found that service connection for left
. Entitlement to service connection for right knee total arthroplasty is granted.

3. Entitlement to service connection for left knee strain is granted.

The Veteran asserts that his bilateral knee conditions are secondary to his lumbar spine condition.

In an April 2025 rating decision, the AOJ granted service connection for right knee total arthroplasty and left knee strain. The AOJ favorably found that service connection for right knee total arthroplasty had been established as related to the service-connected disability of degenerative arthritis, degenerative disc disease, intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis of the thoracolumbar spine. The AOJ also favorably found that service connection for left knee strain had been established as related to the service-connected disability of degenerative arthritis, degenerative disc disease, intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis of the thoracolumbar spine. The Board is bound by the AOJ's favorable findings under the Appeals Modernization Act (AMA). 38 C.F.R. § 3.104(c).

(Continued on the next page)

?

Consequently, based on the AOJ's favorable findings in the aforementioned rating decision, the Board finds that service connection for right knee total arthroplasty and left knee strain is warranted, and the appeal is granted. The Board will not assign an effective date for the award of service connection and will allow the AOJ to do so in the first instance.

 

 

Melanie J. Mann

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fairlie, E.

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.