Knee decisions — 2019

The Board has remanded the Veteran's claim for service connection for a bilateral knee disability due to insufficient evidence regarding the nature and etiology of his claimed condition.

The Veteran's right knee scar is not considered unstable or painful, and does not cover an area of at least 39 square centimeters. Therefore, the claim for a compensable evaluation has been denied.

The Veteran's right total knee replacement is currently rated at 30 percent, which is the minimum rating for a knee replacement with prosthesis. The appeal for a higher rating has been denied.

The Board has remanded the case for further development and examination, including opinions on service connection for psychiatric disability and obstructive sleep apnea. The issues of service connection for left knee, right knee, and right eye disabilities are denied as well as the claim for TDIU.

The Board has remanded the issues of service connection for a recurrent lumbosacral spine disability, right knee disability, left knee disability, and right foot disability due to insufficient evidence. The Veteran's hearing loss was not shown during active service or at any time thereafter.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain private medical records and complete a VA Form 21-8940 (Application for Total Disability Rating Based on Individual Unemployability).

The Veteran's claim for service connection for a back disability has been reopened, and the case is remanded to determine if there is evidence that relates to an unestablished fact necessary to substantiate the claim. The claim of service connection for bilateral lower extremity disability (claimed as bilateral knee disability) is also remanded.

The Veteran's appeal is remanded for additional development to determine the appropriate rating for his left knee disability and to assess whether a back disability is related to his service-connected left knee disability.

The Veteran's dysthymic disorder (claimed as PTSD with depression) is currently rated at 30 percent prior to May 3, 2019 and 50 percent thereafter. The Board has determined that the evidence does not support a higher rating for this condition.,The Veteran's right knee degenerative joint disease is currently rated at 10 percent. The Board has determined that the evidence does not support a higher rating for this condition.

The Board has remanded the claims for service connection and temporary total evaluation for right knee disability due to new evidence submitted by the Veteran's mother and wife. The case will be returned to the AOJ for consideration of this additional evidence.

The Board found that the Veteran's current right knee degenerative joint disease is not related to his service, as it likely pre-existed and was not aggravated by service. The condition is considered age-related.

The Veteran's appeal involves multiple conditions and exposure claims, including testicular cancer, skin cancer, hand disorders, foot/toe disorders, and knee disorders. The Board has determined that the issues are inextricably intertwined due to the potential impact on erectile dysfunction service connection. The case is remanded for further development of evidence related to these conditions.

The Board has granted the Veteran's claim for service connection for a right knee condition, finding that his current condition is related to an in-service injury during general quarters drill.

The Board has granted service connection for right ear hearing loss, but the other issues are remanded due to insufficient evidence.

The Veteran's claims for service connection have been remanded due to a duty to assist error. A VA examination is needed to determine the nature and etiology of any knee, shoulder, wrist, hand, foot, sinusitis, and rhinitis conditions.

The Veteran's service-connected disabilities do not prevent her from performing her current job as a Resident Assistant with the Federal Indian Health Service, and she is currently employed in an occupation for which she was previously found rehabilitated. The Board finds that the criteria for additional vocational rehabilitation under 38 U.S.C. Chapter 31 have not been met.

The Veteran's right knee instability is rated at a maximum of 30 percent, effective from July 25, 2018 to October 17, 2018.,The Veteran's osteoarthritis of the right knee is rated at a maximum of 20 percent, effective from July 25, 2018 to October 17, 2018.

The Board has denied the Veteran's claims of service connection for a low back disability and bilateral knee disability, finding that there is no evidence to support these conditions being related to active service.

The Board denied service connection for a low back disability, CTS of the Right Upper Extremity, and CTS of the Left Upper Extremity. The Veteran's current diagnoses were not found to be related to his active duty service.,Service connection was also denied for a left knee disability and right knee strain. The Board found that there is no evidence of any chronic conditions or symptoms during service or within one year post-service, and the Veteran did not have a current diagnosis for these disabilities.

The Board has dismissed all appeals due to the Veteran's withdrawal of his appeal.