Knee decisions — 2018

The Board has decided to remand the Veteran's claims of service connection for a right knee disability, heart disability, acquired psychiatric disabilities (including PTSD and depression), and alcoholism due to outstanding VA treatment records and the need to verify the claimed stressor.

The Board has decided to remand the Veteran's claims for cervical spine strain, bilateral hip disability, right knee disability, left knee disability, right ankle disability, and left ankle disability due to the need for further examinations and additional evidence.

The Veteran's service-connected disabilities of a right above the knee amputation and left knee total arthroplasty have caused him to require regular aid and attendance due to his inability to dress, undress, or keep himself clean and presentable. The Board has determined that he meets the criteria for special monthly compensation based on need for aid and attendance.

The Board has decided to remand three issues related to the Veteran's service-connected right knee disability, left knee disability, and right shoulder disability due to the need for additional examinations.

The Board has remanded the claims for a higher rating for left knee disability and TDIU due to the need for further examination and consideration of new evidence.

The Veteran's claim for service connection for a left ankle disability was reopened. The VA granted a separate 10 percent rating for painful extension of the left knee from November 7, 2017, and granted an initial rating of 10 percent for blepharitis and dry eye syndrome. Other claims were either denied or remanded.

The Board has determined that the Veteran's left knee and left ankle disorders are not related to his service.,Service connection for a compensable initial rating for depressive disorder is denied.

The Veteran's appeal of service connection for a heart disability is dismissed. The claims to reopen for PTSD, left knee degenerative joint disease and effusion (also claimed as arthritis), and right knee meniscectomy are also dismissed due to lack of new and material evidence.

The Board has determined that the Veteran's right knee disability requires further examination and review due to inconsistencies in the April 2018 VA examination report. The issues of increased rating for right knee osteoarthritis, temporary total rating for a right knee replacement, and TDIU are all remanded.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left knee disability, which may be related to service. A VA examination is needed to determine if there is a link between the current condition and service.

The Board has decided to remand the cases for further development and examination due to insufficient medical evidence regarding the etiology of the Veteran's right and left knee disabilities.

The Board has decided to remand the Veteran's claim for an increased rating in excess of 10 percent for left knee chondromalacia with degenerative joint disease due to a lack of adequate examination and incomplete medical records. The case is being returned to VA for further development.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment on and after March 1, 2011. The Board granted a TDIU rating of 60 percent effective from that date.

The Veteran's claims for bilateral knee and hip arthritis, as well as headaches, have been granted with effective dates of October 18, 1996, for the knee and hip conditions, and January 16, 2009, for headaches.,An initial rating in excess of 10 percent is denied for right knee arthritis.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical opinions regarding the severity of his hearing loss and psychiatric disabilities, as well as the nature and etiology of his right knee condition.

The Board has vacated parts of the January 2018 decision and remand due to lack of due process. The claims for compensation under 38 U.S.C. § 1151 for neck, right shoulder, and right knee disabilities are reopened. Service connection for PTSD is also addressed but requires additional medical opinions.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran is unable to obtain and maintain substantially gainful employment due to service-connected disabilities, which include degenerative arthritis with intervertebral disc syndrome, tinnitus, right hip disability, left hip disability, right knee disability, left ankle disability, right ankle disability, bilateral hearing loss, allergic rhinitis, left sciatic radiculopathy, reactive airway disease, a right knee baker's cyst, irritable bowel syndrome, hemorrhoids, left inguinal herniorrhaphy, and chronic maxillary sinusitis. The Veteran meets the schedular requirements for eligibility to individual unemployability.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records and to ensure all relevant medical records are considered in evaluating his claims. The case will be remanded for these purposes.

The Board has determined that the VA examinations for both knee osteoarthritis and obstructive sleep apnea are inadequate, and thus remanded for further examination and opinion.