Knee decisions — 2019

The Board has remanded the cases for further development, including obtaining information about the Veteran's employment history and educational background, and ordering a VA examination to assess the severity of his knee disabilities. The Veteran is also entitled to a 10 percent rating for hypertension.

The Veteran's tinnitus was granted service connection. The Veteran's abdominal scarring and shin splints were denied service connection. The Veteran's lumbar strain, bilateral lower extremity radiculopathy, and left leg shin splints with moderate knee disability are remanded for further evaluation.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is related to service and has been granted. The issues of entitlement to service connection for a neck disorder, upper extremity neuropathy, foot disorder (right foot and right ankle disorders), right knee disorder, acquired psychiatric disorder (claimed as sleep disturbances), and migraine disorder are remanded.

The Board has dismissed the Veteran's appeal for an initial rating in excess of 10 percent for tinnitus. The claims for increased ratings for bilateral hearing loss, generalized anxiety disorder with major depression prior to April 11, 2016, sleep apnea, GERD, right wrist sprain with avascular necrosis, status post removal of necrotic bone, psoriasis, diabetes, right ankle sprain, right knee disorder, right foot disorder, bilateral leg disorder, chest disorder, residuals of head injury including scar, and vocal chords disorder are all remanded for further development.

The Board has denied the Veteran's claims of service connection for left and right knee disabilities, left shoulder disability, right shoulder disability, lumbar spine disability, and cervical spine disability. The Board found that these conditions were not incurred or aggravated by active duty.

The Board dismissed the issue of an effective date prior to November 30, 2010 for a right knee disability. The application to reopen claims for service connection for left knee and low back disabilities were denied due to lack of new and material evidence.

The Veteran's claim for eczematoid rash, hands and feet was denied due to lack of new and material evidence.,Service connection for a throat condition is denied as there is no current disability during the appeal period.,Service connection for bilateral knee condition is denied as there is no current disability during the appeal period.,The Veteran's limitation of flexion, left elbow was rated at 10 percent due to lack of ankylosis or other severe impairment.,The Veteran's impairment of supination and pronation, left elbow was also rated at 10 percent as there is no evidence of loss beyond the last quarter of the arc.

The Veteran's request for a rating in excess of 10 percent for his service-connected right knee disorder is denied.,The Veteran's request for a rating in excess of 30 percent for his service-connected right foot disorder is denied.,An effective date no earlier than June 29, 2011 is granted for the award of a 100 percent rating for posttraumatic stress disorder (PTSD).,An effective date no earlier than September 30, 2009 is granted for the award of a total disability rating based on individual unemployability due to service-connected disability (TDIU).,An effective date no earlier than September 30, 2009 is granted for basic eligibility for education benefits under Chapter 35, Title 38, United States Code (Dependents’ Educational Assistance (DEA)).

The Veteran's appeal for an increased evaluation for his service-connected left knee disability is remanded due to the intertwined nature of the issues and the need for a new SSOC.

The Veteran's claims for service connection for various conditions have been remanded due to the submission of new and material evidence. The Board will provide a VA examination to determine the etiology of these conditions.,The Veteran's hypertension, right ear hearing loss disability, left knee disability, cold injury to the feet, ed (erectile dysfunction), glaucoma, frostbite to the nose and ears, neurological impairment of bilateral upper and lower extremities, and arthritis of bilateral upper and lower extremities are being remanded for further examination.

The Veteran's claim for a TDIU was granted, with the effective date set at March 30, 2017. The decision also dismissed appeals regarding other claims.

The Board has determined that the Veteran's left knee arthritis is at least as likely as not proximately due to or the result of his service-connected left foot and left ankle disabilities, thus granting service connection for this condition.

The claim for service connection for a seizure disability has been reopened. The Veteran's seizures during active duty are considered to be pre-existing, but the Board is remanding the case to determine if they were aggravated by service. Other secondary service connection claims are also being remanded.

The Board has decided to remand the cases of service connection for left and right knee disorders due to incomplete information in the record, particularly regarding the nature of the injuries sustained during active duty.

The Veteran's service-connected right and left ear sensorineural hearing loss, allergic rhinitis, right knee degenerative joint disease (right knee disability), obstructive sleep apnea, and acquired psychiatric disorder have been granted. The Veteran is now receiving a 10% rating for his allergic rhinitis.

The Board has remanded the Veteran's claims for left and right ankle disorders, foot disorders, asthma (respiratory disorder), right shoulder disorder, right wrist disorder, left-hand disorder, right-hand disorder, lumbar spine disorder, cervical spine disorder, right hip disorder, left hip disorder, left knee disorder, and right knee disorder due to outstanding VA treatment records and the need for additional medical examinations.

The Veteran's appeals for left and right knee conditions have been dismissed as the Veteran withdrew his appeals during a hearing before the Board of Veterans' Appeals.,The Veteran's claims for service connection for hearing loss, an acquired psychiatric disorder (other than ADHD), and a lower back condition were denied. The Board found that there is no evidence of current disabilities or a causal relationship to service.

The Veteran's left knee osteoarthritis disability has been rated at 10 percent since December 29, 2010. The Board found that the condition did not meet criteria for a higher rating due to functional loss in motion.

The Board has remanded the Veteran's claims for service connection due to insufficient examination reports and unclear opinions regarding his ankle and cervical spine disorders. The claims will be reviewed again with additional examinations.

The Board denied the Veteran's claims for service connection for a right knee disorder, a right ankle disorder, and a bilateral hip disorder due to lack of evidence showing an in-service injury or disease that led to current disabilities.