Knee decisions — 2018

The Board has granted service connection for right knee arthritis as secondary to the Veteran's service-connected left knee subluxation and internal derangement.

The Veteran's claim for increased ratings and TDIU was denied. The back disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's request to reopen his finally disallowed claim of entitlement to service connection for a left knee torn ACL is granted. The VA has been ordered to obtain all relevant service treatment records and personnel records, including those from Womack Army Medical Center at Fort Braggp. The VA must also seek authorization for the Veteran to provide private medical records if available.

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and bilateral lower extremity radiculopathy due to insufficient information regarding flare-ups during the October 2015 examination.

The Board has decided to remand the case due to inadequate examination and requests for additional medical records.

The Board has remanded the case due to inadequate examination and procedural errors. The Veteran's left knee disability is still rated at 20 percent prior to January 28, 2015.

The Board denied service connection for a left knee condition, a right knee condition, and a degenerative disc disease of the lumbar spine. The Veteran's claims were previously remanded by the Board in October 2016.

The Veteran withdrew his appeals regarding the initial ratings and service connection for hypertension, bilateral knee degenerative joint disease (right knee), bilateral hearing loss, and chest pain condition.

The Board has decided to remand the claims for right and left knee disabilities, as the June 2013 VA examiner did not address the nature or etiology of the current right knee disability and did not consider the full medical history for the left knee. The Appellant's in-service injuries are noted but no opinion was provided on their relation to his current conditions.

The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The scars on his knees are not compensable as they do not cause functional impairment or other disabling effects.,The Veteran’s periodic limb movements have been found to be severe, but the Board has determined that this condition should be rated under a different diagnostic code (8599-8103) which is best suited for involuntary movements during sleep. The current rating of noncompensable is maintained as the symptoms do not meet criteria for a compensable rating.,The Veteran's bilateral hearing loss has not been established due to lack of audiometric test results meeting the requirements of 38 C.F.R. § 3.385.

The Board has remanded the earlier effective date issues for TDIU and DEA as they are inextricably intertwined with the extraschedular TDIU claim. The case should be submitted to the Director of Compensation Service for consideration of TDIU on an extraschedular basis.

The Board has remanded several issues, including service connection for a left knee disability and temporary total ratings based on treatment for the Veteran's knees. The issues are inextricably intertwined with other claims.

The Board has remanded the Veteran's claims for service connection and increased rating for his chronic headache disorder, obstructive sleep apnea, right knee disorder, left knee disability, and lumbar spine disability due to insufficient evidence in the record.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current bilateral knee disability is related to his active service.

The Veteran's appeals for service connection for chronic fatigue syndrome, headaches and right knee strain are dismissed. The appeal for a higher rating for PTSD is remanded.

The Veteran's endometriosis is granted a 50% rating, and her right knee condition and unspecified depressive disorder with anxious distress are denied service connection. The lower back condition remains denied.

The Board has determined that the Veteran does not have current diagnoses of back and right knee disabilities, and his claims for these conditions are denied. The claims for bilateral hearing loss and sleep apnea are remanded to allow for further development.

The Board denied service connection for left and right knee disabilities as the Veteran does not have a current disability due to disease or injury, and her subjective symptoms do not rise to the level of functional impairment.

The Veteran's service connection claims for a right knee disability, headaches, and depression have been denied.,A rating in excess of 60 percent for residuals of a total left knee replacement has also been denied.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and evaluations.,An effective date earlier than July 1, 2014 for TBI and June 9, 2014 for tinnitus cannot be granted as there are no prior unadjudicated formal or informal claims.