Knee decisions — 2018

The Board has decided to remand the Veteran's claims for increased ratings for his lumbar spine, left knee, and left ankle disabilities due to inadequate VA examinations. The Veteran will need new examinations to assess the current severity of these conditions.

The Veteran's right knee disability was restored to a 20 percent rating effective November 1, 2011.,An initial 70 percent rating for major depressive disorder is granted.

The Veteran's service-connected status post fracture proximal left tibia with residual tenderness and left knee strain has been rated at 10 percent since the appeal period began, as it does not meet criteria for a higher rating based on current symptoms.

The Board previously remanded the case for additional development. The Veteran's right knee disability has been assigned temporary total ratings effective from April 21, 2015 to December 31, 2015. The issues of entitlement to an increased rating for service-connected left knee disability and entitlement to a TDIU were remanded and deferred. In July 2017, the Board denied the Veteran's claim of entitlement to an increased rating for his right knee disability. The Court vacated this decision in May 2018 due to inadequate examinations and lack of retrospective opinion regarding prior to January 2016 total right knee replacement surgery.

The Board has dismissed the claim of entitlement to service connection for an eating disorder. The remaining issues have been remanded due to incomplete records and need for new VA examinations.

The appeal seeking service connection for a left shoulder disability is dismissed.,Service connection for bilateral hearing loss and tinnitus are denied.,The Veteran's bilateral knee degenerative joint disease, diabetes mellitus, left lower extremity neuropathy, and right lower extremity neuropathy are remanded for further development.

The Board has granted service connection for migraine headaches. The right knee, acquired psychiatric disorder (including PTSD and depression), back disability, and neck disability claims are remanded due to the need for additional medical opinions.

Service connection is granted for right knee strain, meniscal tear, and arthritis.,Service connection is granted for left knee strain, meniscal tear, and arthritis.,Service connection is granted for lumbosacral strain, disc herniation, and degenerative disc disease.,Service connection is granted for bilateral shoulder strain as secondary to service-connected bilateral knee disabilities.,Service connection is granted for major depressive disorder as secondary to service-connected bilateral knee disabilities.,Service connection is granted for generalized anxiety disorder as secondary to service-connected bilateral knee disabilities.

The Board has decided to remand the cases of service connection for bilateral hip condition and right knee condition due to inadequate VA examination opinions. The Veteran's appeal is now pending again, requiring a new medical opinion.

The Veteran's claim for a higher disability rating for his service-connected right knee condition is being remanded due to the need for additional development, including obtaining VA and private medical records and scheduling an appropriate VA examination.

The Veteran's right knee DJD is rated at 20 percent, more than the requested increased rating. The Board denied an increase in disability rating for his service-connected right knee DJD. For TDIU, the Veteran was granted based on his service-connected disabilities precluding him from securing and following a substantially gainful occupation.

The claims for increased ratings and TDIU are being remanded due to inadequate previous VA examinations.

The Veteran's application to reopen his claim for service connection for unspecified nervous disability (claimed as schizophrenia) is denied. His claims for increased ratings for status post right inguinal herniorrhaphy, tender scar of right inguinal area, and left lower knee scar are also denied.

The Veteran's claims for increased evaluations of his lumbar spine and left knee disabilities are being remanded due to the need for additional examinations to assess current severity.

The Board has ordered remand for additional examinations and opinions due to the VA's failure to comply with its duty to assist in obtaining an adequate medical opinion.

The Veteran's claim for TDIU and permanent total disability rating was granted effective December 5, 2006. The Board found that the Veteran met the threshold percentage requirements for an award of TDIU as of December 5, 2006, and there is no reason to conclude that he could engage in substantially gainful employment at any point during the period from December 5, 2006, to July 31, 2008.

The Board has determined that the reduction in ratings for right knee disabilities was improper and void ab initio, and restored the original ratings. The case is now remanded to obtain a new VA examination to assess current disability levels.

The Veteran's bilateral knee disabilities and thoracolumbar spine intervertebral disc syndrome with herniated disc prior to February 4, 2015 are denied. The Veteran's lumbar radiculopathy of the left lower extremity prior to February 4, 2015 is also denied.

The Veteran's claim for service connection for an upper respiratory condition has been reopened, and he is granted service connection. The claims for bilateral knee injuries are remanded.,Service connection for PTSD was granted with a disability rating of 70 percent from February 9, 2018.

The Board denied service connection for osteoarthrosis of the right knee with medial meniscus tear, including as secondary to residuals of acute renal failure.,The Board also denied service connection for osteoarthrosis of the left knee, including as secondary to residuals of acute renal failure.