Knee decisions — 2018

The Board denied service connection for left and right knee disabilities, finding no evidence of a nexus to active service or to any service-connected conditions.

The Veteran's OSA disability is currently rated at 50 percent, the maximum schedular rating. The appeal for higher ratings on other conditions remains denied.

The Board has remanded three issues related to service connection for low back, right hip, and right knee disabilities due to the inadequate nature of previous VA examinations. The new examination is needed to determine if these conditions are aggravated by a service-connected left knee disability.

The Veteran's claims for service connection for CFS, enthesophyte posterior olecranon with radial head fracture of the right elbow, DJD with chondromalacia of the left knee, status post meniscal tear with degenerative changes and scarring of the right knee, and cervical spine spondylosis were denied. The Veteran's claims for increased evaluations for tension headaches and PTSD were granted.

The Veteran's service-connected conditions, including his anxiety disorder and physical disabilities such as knee pain and shoulder impingement syndrome, have rendered him unable to obtain or maintain gainful employment. The Board has granted a total disability evaluation based on individual unemployability due to these service-connected conditions.

The Board has remanded the Veteran's claims for lumbar spine, left and right knee disabilities due to lack of compliance with Court’s holding in Correia v. McDonald (2016) and Sharp v. Shulkin (2017). The claims are also remanded for a temporary total evaluation for a left knee disability due to convalescence.

The Veteran's claim for service connection for bilateral hearing loss is granted. The claims for service connection for left knee and left foot disorders are remanded as the RO did not address these issues in its decision.

The Board has decided to remand several issues, including service connection for low back, bilateral knee, and bilateral ankle disabilities due to a lack of consideration of a secondary theory. The Veteran's obesity is not considered a disability for VA benefits but may be an intermediate step in determining secondary service connection.

The Board has remanded the claims for service connection for various hip and knee disorders secondary to a right knee disability due to lack of VA examination.

Service connection granted for tinnitus and left knee patellofemoral syndrome, with a 10% rating assigned. PTSD is rated at the maximum schedular rating of 70%, but TDIU is denied.

The Board denied a claim for a total disability rating based on individual unemployability (TDIU) due to service-connected back and hand disabilities prior to March 28, 2014. The evidence did not show that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Board has granted service connection for left knee disability, but remanded the cases of non-sustained ventricular tachycardia and hypertension due to insufficient evidence.

The Veteran's bilateral knee braces caused wear and tear on his clothing, leading to the grant of a clothing allowance for calendar years 2013 and 2014.

The Veteran's service-connected cluster headaches are currently rated at 50 percent, the maximum schedular rating. The Board denied an increased disability rating as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's left knee disability, including strain, degenerative joint disease, patellar chondromalacia, and meniscal tear, is currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating due to limited flexion (to at most 90 degrees) and no instability or locking.

The Board denied service connection for cervical spine, left knee, and right knee disabilities as well as low back disability due to lack of current evidence of a chronic condition related to active service.

The Board has granted a TDIU effective October 23, 2010 and dismissed the remaining issues on appeal. The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment from that date.

The Board has remanded the case due to uncertainty about whether the Veteran's service-connected disabilities contributed to his death. A medical opinion is needed to determine if these conditions caused or contributed to his cause of death.

The Board has decided to remand the cases due to the need for additional medical examinations and records review.

The Board has restored the 20% and 10% disability ratings for left and right knee instability, respectively. The claims of increased disability ratings for bilateral knee disabilities are remanded.