Knee decisions — 2018

The Board has remanded the Veteran's claims for service connection and rating of lumbosacral strain due to inadequate examination findings, inconsistencies in medical records regarding her left knee injury during service, and lack of military personnel records. The Veteran is also required to undergo a VA examination for both conditions.

The Board has found that the VA examination report is not adequate for adjudication purposes and additional development is needed to determine if the Veteran's low back disorder was caused or aggravated by his service-connected left knee condition.

The Board denied service connection for multiple conditions, including left thigh and leg disabilities, sleep apnea, left knee disability, PTSD, and depressive and mood disorders. The appeals were based on direct service connection.

The Board has remanded the Veteran's claims for increased ratings for his left knee disabilities due to insufficient evidence and need for a new examination.

The Veteran's depression is granted as secondary to her service-connected left knee disability. The evaluation for her peroneal nerve disability remains at 20 percent, and the evaluations for her left knee instability and limitation of flexion are remanded.

The Board has remanded the claims for a right ankle disorder and a right knee disability due to insufficient evidence regarding their etiology and current severity.

The Board has determined that the Veteran's upper respiratory disorder was incurred in service and granted service connection for it. The left knee disorder and bilateral eye disorder were not found to be related to service.

The Board has denied service connection for various conditions, including bladder disability, psychiatric disorders (including PTSD and depression), sleep apnea, varicose veins, liver damage, erectile dysfunction, bicep disabilities, knee disabilities, ankle disabilities, low back disability, scar and numbness of the back, right wrist disability, missing tooth disability, eye disability (chronic conjunctivitis), bronchitis, and asthma. The Board found that these conditions are not related to service or do not meet the criteria for service connection.

The Board has remanded the Veteran's claims for service connection for various disabilities, including neck disability, right and left knee disabilities, tinnitus, systemic arterial hypertension, gastroesophageal reflux disease (GERD), kidney stones, and a skin condition on scalp. The reasons include unclear relationships to service due to conflicting statements from the Veteran.

The Board has remanded the case due to inadequate examination reports, and a new VA examination is required.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.,The Veteran's claim for service connection for a right knee disorder is denied due to lack of evidence supporting such a condition during or after his military service.,Service connection for lumbosacral spine degenerative joint disease was granted, but an initial disability rating higher than 10 percent prior to May 21, 2013 is not warranted based on the evidence provided.,Service connection for left knee medial meniscus tear with MCL bursitis was granted, but a higher initial disability rating than 10 percent is not supported by the evidence.,Service connection for left lower extremity radiculopathy, sciatic nerve, arising from lumbosacral spine degenerative joint disease, was granted. However, an earlier effective date of October 8, 2014, is not warranted.

The Veteran's claims for right knee degenerative joint disease and stress fracture, sleep apnea, and a right shoulder disability (secondary to left shoulder disability) have been reopened. The service connection for these conditions has not been granted.

The Veteran's claim for a TDIU was denied as the effective date cannot be earlier than December 17, 2002 due to lack of entitlement prior to that date. The Board found that the Veteran did not meet the schedular requirements for a TDIU at any point during the appeal period and is only eligible for a TDIU under 38 C.F.R. § 4.16(b).

The Board has remanded the cases due to inadequate or insufficient examinations in the record.

The Veteran withdrew his appeals for service connection for diabetes mellitus, a higher evaluation for DJD of the left knee, and a higher evaluation for left medial meniscectomy with moderate instability.

The Board has granted service connection for headaches, but the right and left knee disabilities are remanded due to insufficient evidence.

The Veteran's service-connected conditions of hypertension, Sjogren’s syndrome, bilateral hip disability, neck disability, back disability, asthma, bilateral CTS, left knee disorder, and seizures are all granted. The claims for a bilateral shoulder disability, IBS, and TMJ syndrome have been denied.

The Board has remanded the cases due to inadequate examination and failure to address additional functional loss during flare-ups or after repetitive use.

The Veteran's GERD is rated at 10 percent, and his bilateral knee disabilities are each rated at 10 percent. The claims for higher ratings are denied.

The Veteran's claim to reopen the service connection for left knee arthritis, including as due to his service-connected right knee disability, was granted. The claims for increased ratings for his right knee disabilities are being remanded.