Knee decisions — 2019

The Veteran's claims for tinnitus and left foot hallux valgus status post McBride bunionectomy with osteoarthritis were denied as his conditions did not manifest until after the effective date of May 1, 2018.,The claim for service connection for a bilateral eye disability was reopened due to new evidence provided since the last denial in October 2013.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected.,Right knee arthritis, patellafemoral syndrome, left knee arthritis, and right ankle arthritis are all granted as service-connected.

The Board has remanded the case for further clarification from a VA examiner regarding the Veteran's right knee disability and its relationship to his service-connected left knee disability.

The Board denied service connection for bilateral knee disorder, finding no credible evidence of an in-service injury and concluding that the current condition is not related to any incident during military service.

The Board has remanded the cases for further development and examination as they are not adequately addressed in the current record.

The Veteran's appeal for service connection for a left elbow disability, other than ulnar nerve entrapment, was denied. The appeals for the right ring finger disability, bilateral hearing loss, and bilateral knee disability were remanded. Service connection for a jaw disability is also pending.

The Board has granted service connection for an aggravated bilateral knee condition, finding that the Veteran's pre-existing congenital dislocation of the patella was aggravated by military activities.

The Board has withdrawn the appeals for left knee strain, right knee strain, and degenerative joint disease with herniated nucleus pulposus and radiculopathy of the lower extremities. The TDIU appeal is remanded.

The Veteran's TBI with headaches and memory loss is granted a rating of 40 percent. The right knee disorder is also granted, but the left clavicle and shoulder disorders are remanded for further evaluation.

The Board has remanded the cases due to a lack of proper notification for VA examinations and requests further development, including obtaining medical records and scheduling new examinations.

The Veteran's application to reopen his claim for service connection of bowel incontinence was denied. He is granted SMC under 38 U.S.C. § 1114(l) due to need for regular aid and attendance, SMC under 38 U.S.C. § 1114(o) based on two existing awards of SMC under 38 U.S.C. § 1114(l), and SMC under 38 U.S.C. § 1114(r)(1) due to need for higher level care.

The petition to reopen the previously denied claim of entitlement to service connection for a right knee disorder is granted. The Veteran's claims for left shoulder, sleep apnea, and lumbar spine disorders are remanded due to lack of VA examination opinions. The Veteran's claims for bilateral knee disorders are also remanded.

The Veteran's claims for service connection were denied as the evidence did not establish a link between his current disabilities and his military service.

The Veteran's service-connected conditions do not render him unemployable, as he has been employed in various capacities and the Board finds that his employment is not marginal.

The Board has remanded the cases due to inadequate examination and failure to consider the Veteran's testimony regarding knee instability, dislocation of ACLs, and effusion. The Veteran is seeking higher evaluations for his left and right knee disabilities.

The Veteran's left fibula fracture is granted a 20 percent rating. The Board has also remanded for further examination of the severity of his left knee disability as it relates to his service-connected left fibula fracture.

The Veteran's TDIU claim is remanded due to missing Social Security Administration records. The AOJ must obtain and associate these records with the claims file.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal disorders, including cervical and lumbar spine disorders, bilateral ankle, hip, knee, shoulder, and wrist disorders. The VA examinations are needed to address continuity of symptomatology since service.

The Veteran's lumbar strain, left lower extremity radiculopathy (sciatic nerve), and right shoulder acromioclavicular joint separation are each rated at 20 percent. The initial rating for the left knee strain is also granted at 20 percent.

The Board has denied the Veteran's petitions to reopen claims for service connection of back disorder, cervical spine disorder, bilateral knee disorder, and bilateral hearing loss due to lack of new and material evidence.