Knee decisions — 2019

The Board has remanded the case due to concerns raised by the U.S. Court of Appeals for Veterans Claims (CAVC) regarding the reasons provided in the July 2017 decision and the lack of consideration of the Veteran's employment history, education, and training.

The Board has remanded the cases due to inadequate medical opinions regarding service connection for back condition and left knee. The Veteran's claims are being returned for further development.

The Veteran's right ankle condition is granted as secondary to his service-connected right knee ACL tear.,A separate 20 percent rating for left knee dislocated semilunar cartilage with frequent episodes of locking, pain, and joint effusion is granted.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU since June 3, 2009.

The Veteran's claims for service connection related to TBI, cervical spine disorder, right leg disorder, left knee disorder, right thumb disorder, left thumb disorder, deviated septum with post-surgery complications, sleep disorder, and right knee disorder have been reopened due to the submission of new and material evidence. However, his claims remain denied as there is no legal basis for an evaluation in excess of 10 percent for tinnitus.

The Veteran's back and left knee disabilities prevent him from obtaining or keeping a gainful job that requires frequent travel or reasonable time on his feet. The Board is unable to make a determination as to whether the Veteran is entitled to TDIU based on the current evidence of record, as the record does not contain earnings information after October 2011.

The Veteran's initial claim for right knee degenerative joint disease, postoperative meniscectomy was granted in January 2008 and a 10% disability rating has been assigned since then.,For the period from June 1, 2011 through September 11, 2017, the Veteran's right knee degenerative joint disease, postoperative meniscectomy was manifested by pain, swelling, effusion, and decreased motion that included flexion to no less than 85 degrees without pain. The Veteran is not entitled to a higher disability rating for this period.

The Veteran's claims for higher ratings related to right knee scars and chronic right knee sprain were denied. The Board found that the preponderance of evidence did not support a compensable rating prior to September 11, 2018 or a rating in excess of 30 percent since then for right knee scars. For the right knee sprain, the Veteran was not entitled to an increased rating beyond 20 percent.

The Board has denied the Veteran's claims for service connection for bilateral knee disability and neck disability, finding that there is no evidence of in-service injury or disease related to these conditions.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected knee disabilities has been granted. The cases for a higher rating for left knee disability and postoperative residuals, left medial meniscectomy with internal derangement and anterior instability are remanded. The TDIU issue is also remanded.

The Board has remanded the Veteran's claims for service connection for various lower extremity disabilities, including right shoulder, hip, knee, and ankle conditions, all secondary to his service-connected lumbar spine degenerative disc disease. The case will be reviewed with a new examination to address the etiology of these disabilities.

The Board has remanded the Veteran's claims for increased ratings and service connection, finding that further development is needed.

The Board has granted service connection for a low back disability and left knee arthritis, finding that the Veteran's current conditions are most likely due to his military service.

The Board has readjudicated the claims for service connection for various lower extremity conditions, including shin splints, ankle disabilities, hip disability, foot disabilities, wrist disability, shoulder disability, and knee disability. The decision is mixed as some issues have been granted while others are remanded.

The Board denied the Veteran's claims for service connection for a neck disability, left knee disability, and sinus passage injury. The claim for sleep apnea was also remanded.,An earlier effective date of February 3, 2010 for the grant of service connection for PTSD was denied.

The Veteran's service-connected disabilities of left hip total arthroplasty, right foot status post fracture, and left knee degenerative joint disease have rendered him unable to secure and follow a substantially gainful occupation. As such, the Board has granted entitlement to a total disability rating for individual unemployability (TDIU).

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has granted service connection for right and left knee conditions, as well as residuals of a left knee replacement. The claims for hypertension, headaches, bruxism, TMJ disorder, and sleep apnea are remanded due to insufficient evidence.

The Board has determined that the Veteran does not have current hip or knee disabilities, and therefore, service connection for these conditions is denied. For his lumbar spine and left ankle disabilities, additional evidence is needed to determine if they are related to service.

The Board has remanded the Veteran's claims of service connection for right and left knee conditions due to insufficient medical opinions regarding the relationship between her current knee conditions and her in-service automobile accident or service-connected right ankle condition.