Knee decisions — 2018

The Board has decided to remand several claims for increased ratings and earlier effective dates, including those related to the Veteran's back disability, knee disabilities, foot disabilities, migraines, TDIU, and DEA.

The Board has reopened the Veteran's claims for service connection for low back disorder and bilateral knee disorder, but has remanded them due to insufficient evidence. The claim for increased evaluation of left shoulder strain and TDIU is also remanded.

The Board has remanded two issues: an increased rating for residuals of a fracture of the left first metacarpal and an increased disability rating for degenerative joint disease of the right knee. The Veteran's claims are being returned to the AOJ for further development.

The Board has granted service connection for tinnitus but has remanded the remaining claims of low back disability, bilateral shoulder and knee disabilities, and skin disability due to insufficient evidence.

The Board has decided to remand the Veteran's claims for a higher rating for his left knee conditions due to insufficient examination findings and lack of information regarding flare-ups.

The Board has remanded the Veteran's claims for service connection for left knee condition, right wrist carpal tunnel syndrome, and left wrist carpal tunnel syndrome due to lack of development. The issues have not been adjudicated by the RO and appealed to the Board.

The Veteran's claim for service connection for recurrent dislocations of the left shoulder has been reopened and remanded. The claims for residuals of a left knee injury and right knee injury have been denied.

The Board has remanded the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or by reason of being housebound due to a lack of an appropriate VA examination. The examiner must clarify if the Veteran is limited in his ability to bathe and toilet as a result of service-connected disabilities.

The Veteran's appeals have been dismissed as he has withdrawn his appeal through his authorized representative.

The Board denied the Veteran's claims for service connection for fibromyalgia, hypertension, erectile dysfunction, chronic gastritis, flat feet, left foot heel spur, right foot heel spur, bilateral plantar fasciitis, cervical strain with degenerative arthritis, lumbosacral strain, left ankle disability (status post left ankle fracture, status post open reduction internal fixation with degenerative arthritis), right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome. The claims were remanded for additional examinations and to obtain updated VA treatment records.

The Veteran's lumbar spine disability is rated at 40% effective December 1, 2008. The right knee disability remains at a 10% rating.

The Veteran's claims for increased ratings for scapholunate ligament sprain of the left wrist and lateral meniscus tear of the left knee are remanded due to inadequate VA examinations. A new examination is required.

The Board has denied the Veteran's claims for service connection of a left knee disability, including as due to service-connected residuals of a right tibia and fibula fracture with arthritic changes of the right knee; a left hip disability; and radiculopathy of bilateral lower extremities. The evidence does not support these claims.

The Veteran's mechanical back pain due to chronic muscle strain is rated at 20 percent. The right knee disability, which the Veteran contends is secondary to his service-connected bilateral ankle disabilities, remains in dispute and must be remanded for further examination and opinion. The TDIU claim will also be remanded as the Veteran has not provided a completed VA Form 21-8940.

The Veteran's service-connected disabilities of the left inferior pubic ramus, right midfoot and calcaneal, and right tibia and knee have been rated at their minimum levels due to lack of additional functional impairment during flare-ups or after repetitive use.

The Board has decided to remand the case due to inadequate examination and lack of treatment records, requiring further development.

The Board dismissed the Veteran's claims of service connection for various conditions, including right shoulder arthritis, bursitis, tendonitis, bone spurs of the cervical spine, herniated disc of the lumbar spine, DJD of the left knee, residuals of a head injury with concussion/TBI, migraine headaches, and Alzheimer's disease and memory loss. The Veteran withdrew his appeal for these issues during a videoconference hearing.

The Board denied increased ratings for bilateral plantar fasciitis and right patellar tendonitis, but granted a rating of 10% for right patellar tendonitis prior to April 15, 2016. The appeal regarding left knee disability is referred back to the AOJ due to insufficient evidence.

The Veteran's claims for increased ratings and TDIU have been remanded due to inadequate examination results, need for proper notice of TDIU criteria, and potential extraschedular evaluation.

The Veteran's claim for service connection for a bilateral hip disability, to include as secondary to his service-connected bilateral knee disabilities, is denied. The Board found that the Veteran does not have or has had a current diagnosis of a bilateral hip disability.