Knee decisions — 2019

The Veteran's claim for SMC based on the need for aid and attendance is denied as he does not meet the criteria for such benefit due to his service-connected disabilities.

The Board has remanded the case for further development to determine the current severity and frequency of the Veteran's right and left knee disabilities.,A VA examination is needed to assess the current status of the Veteran's knees, including range of motion studies with pain considerations.

The Veteran's hearing loss is not service-connected as it did not onset in service or within one year of his discharge and is not related to service.,There is no evidence of a current respiratory disability, and the Board finds that any such condition is not related to service.,Service connection for heart disability is denied as there is no evidence of a current condition and none was found to be related to service.,The Veteran's low back disability is not service-connected as it did not onset in service or within one year of his discharge and is not related to service.,The bilateral knee disability is not service-connected as the Veteran has no current diagnosis and there is no evidence linking any condition to service.,Service connection for arthritis is denied as there is no evidence of a current condition and none was found to be related to service.

The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates related to his left knee conditions, as he withdrew these claims at a hearing.

The Veteran's diabetes mellitus type II was not incurred or aggravated during service, and the Board denied his claim. The cases for bilateral hearing loss, tinnitus, right knee disability, and right foot disability are remanded due to insufficient evidence.

The Veteran's TDIU claim is remanded due to incomplete information provided in his VA Form 21-8940 application. The AOJ must provide the Veteran with an opportunity to complete and return this form.

The Board has decided that the Veteran's right knee meniscal tear warrants a remand due to incongruent information from previous VA examinations and the need for updated records.

The Veteran's appeal for higher ratings for meralgia paresthetica and left knee patellofemoral syndrome is being remanded due to the need for additional development, including a new examination of his left knee.

The Board has denied service connection for sleep apnea and remanded the claims of bilateral knee arthritis, TDIU prior to December 29, 2015, and SMC due to need for aid and attendance or housebound status.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include psychiatric disorders, PTSD, right knee disorder, left knee disorder, gastrointestinal problems, right hand disorder, left hand disorder, and right foot disorder.

The Board has remanded the cases for further development and examination to determine if any of the Veteran's disabilities are related to service. The issues include right knee disability, lumbar disability, nasal disorder, TBI, OSA, and an acquired psychiatric disorder.

The Board has determined that the Veteran's claim for specially adapted housing and special home adaptation grant is remanded due to a duty-to-assist error. The Veteran needs an examination to assess his service-connected disabilities and their impact on his ability to use aids such as braces, crutches, canes or a wheelchair.

The Board has granted service connection for a left knee medial meniscal tear and denied service connection for left hip bursitis. The Veteran's current left knee disability is considered to be related to his in-service injury, while the left hip condition is not.

The Board denied service connection for left knee strain, loss of sense of smell, and sinusitis. The Veteran's current conditions were not found to be related to his military service.,Service connection was not granted as the preponderance of evidence did not support a finding that the current disabilities began during active service or are otherwise related to in-service injuries.

The Board has remanded the case due to issues related to a total rating based on individual unemployability for the period prior to April 1, 2013. The AOJ is required to complete necessary development and refer the case to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis.

The Board denied the Veteran's claims of service connection for various conditions, including bilateral feet, neck disability, arm disability, knee disability, leg disability (other than neurologic), hypertension, hyperlipidemia, diabetes mellitus, hydrocele of scrotum with hard knot, and bilateral hearing loss. The decision was based on a lack of evidence linking these conditions to service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and outstanding VA treatment records. The Veteran is also being asked to provide information about his medical history and any relevant private treatment providers.

The Board has granted service connection for left and right knee disabilities, finding that the evidence is in equipoise and reasonable doubt must be resolved in favor of the appellant.

The Board has remanded the case for additional development, including obtaining an opinion on the Veteran's TDIU claim and referring it to the appropriate department officials for extraschedular consideration.

The Veteran's right and left knee disabilities have been rated at the maximum allowable under Diagnostic Codes 5261 (limitation of extension) and 5257 (recurrent subluxation or lateral instability). A separate 10 percent rating, but no higher, has been granted for lateral instability in both knees effective August 5, 2014. The Veteran's TDIU claim is also granted.