Knee decisions — 2019

The Board has restored the Veteran's right knee disability rating from 30% to 10%, effective October 1, 2013, due to procedural errors in reducing the rating.

The Veteran's request to restore a 30% rating for left knee limitation of extension was granted. A separate claim for a 10% rating during the period between December 1, 2015 and March 14, 2019 was also granted. However, any claims seeking ratings higher than 20% for left knee limitation of extension after March 14, 2019 were denied.

The Veteran's appeals for service connection for right knee, left knee, lumbar spine, and right shoulder disorders have been dismissed due to the Veteran withdrawing his appeal prior to a decision being made by the Board.

The Board has granted service connection for a bilateral knee disability and entitlement to special monthly compensation (SMC) based on aid and attendance. The Veteran's current disabilities include bilateral knee issues, seizure disorder, Meniere's syndrome, and a history of femur fractures in service.

The Board has remanded the Veteran's claims of service connection for various disabilities, including left knee disability, right knee disability, heart condition, right wrist disability, and right toe disability. The Veteran is to be scheduled for VA examinations in order to determine if his current disabilities are related to service.

The Veteran's left knee disability is currently rated at 20 percent, and the Board has decided to remand the case for further evaluation due to a possible worsening of his condition since his last VA examination.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current bilateral knee disabilities and his in-service knee injury. The Veteran needs to provide additional medical records, including those from Dr. D.P., and an addendum opinion is needed to address all theories of entitlement.

The Veteran's claim for a higher rating for his right knee disability was partially granted in the September 2013 rating decision, resulting in an increased rating of 20 percent effective February 16, 2012. The appellant is therefore eligible for attorney fees based on past due benefits.

The Board has found that the AOJ did not request evidence from the Veteran regarding his attempts to obtain licensure in social work and marriage and family therapy, nor did they provide a functional capacity evaluation by a vocational rehabilitation counselor. The case is being remanded for these actions.

The Veteran's right knee disability, which includes arthroscopic plica excision, mechanical chondroplasty, and partial meniscectomy, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating due to limited flexion of the right knee.

The Veteran's service-connected conditions have been rated and some issues are being remanded for further evaluation.

The Board has granted service connection for a bilateral foot condition, diagnosed as pes planus and plantar fasciitis. The issue of service connection for a bilateral knee condition is remanded.

The Board denied service connection for depression, left and right knee disabilities, arthritis of the hands, and sleep apnea due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board has decided that the Veteran's tinnitus is service-connected. The remaining issues of increased evaluations for his right knee, left knee, foot conditions, and migraine headaches are remanded for further examination.

The Board has granted service connection for bilateral knee conditions (right and left knee) based on direct evidence of a current disability that is related to in-service injury or disease.

The Veteran's total left knee replacement residuals have been granted a rating of 60 percent effective January 1, 2012. A higher rating is denied.

The Veteran's right lateral epicondylitis is related to in-service injuries and granted service connection.,Service connection for obstructive sleep apnea is granted as the disorder began during active service.,Degenerative arthritis of the right knee and arthritis of the right ankle are not service-connected, with no evidence linking these conditions to service.,Bilateral hearing loss is rated at 0% (noncompensable) due to current hearing acuity levels.

The Veteran's claims for higher ratings and effective dates have been denied. The Board has also determined that additional VA examinations are needed to address the Veteran's service connection claims.,The Veteran is being asked to provide more information regarding his in-service injuries, as well as any private treatment records from P.L., LCSW, and Dr. T.O.

The Board denied the claims for service connection of back, neck, and right knee disorders due to a lack of current diagnoses in the record.

The Board has remanded the claims for service connection due to missing VA treatment records and private podiatry records. The Veteran's right lower extremity disabilities, including his low back disorder, are claimed as secondary to his left knee disability.