Knee decisions — 2019

The Board has remanded the claims for service connection due to new and material evidence having been received. The right ear hearing loss claim is reopened, but further examination is needed to determine if it is related to service. Similar considerations apply to the right shoulder and left knee issues.

The Veteran's claims for increased ratings for various knee, cervical spine, and foot disabilities were denied. The Board found that the current 10 percent ratings assigned for right and left knee osteoarthritis, as well as the cervical spine disability, are appropriate based on the evidence of record.

The Veteran's service-connected dementia alone does not render him unemployable, thus SMC based on statutory housebound status is denied.

The Board has reopened the claims for service connection for a low back disorder to include spina bifida and a chronic liver disorder with elevated ALT readings, as new and material evidence was received during the Veteran's hearing. The right knee disorder claim is also being remanded.,The VA is required to remand the cases of the Veteran due to the need for further development regarding his claims for service connection for low back, liver, and right knee disorders.

The Veteran's cause of death is granted due to his service-connected conditions contributing substantially or materially to his death. DIC benefits under 38 U.S.C. § 1318 are denied as the Veteran did not meet the criteria for receiving such benefits.

The Board has remanded the Veteran's claims for service connection for lower back, right knee, left knee, and bilateral ankle disorders due to conflicting evidence regarding whether these conditions are related to service. The case is sent back for additional medical opinions from an independent orthopedic or spinal specialist.

The Board has remanded the Veteran's claims of service connection for low back condition, bilateral hip condition, bilateral knee condition, and chronic fatigue syndrome due to incomplete records. The AOJ is instructed to obtain all available records including from McGuire-Dix-Lakehurst, VA Community-Based Outpatient Clinic in Brick, New Jersey, emergency room records related to the Veteran's low back condition, treatment records related to his knee surgery, and TriCare records.

The Veteran's claims for service connection have been granted, but further examination and opinion are needed to address the etiology of his left shoulder disability.,Sleep apnea is a new issue that needs to be addressed as it may or may not be related to the Veteran's military service.

The Board has decided to remand the Veteran's claims for compensation under 38 U.S.C. § 1151 due to her right knee condition and right ankle disability, as there is insufficient rationale provided in the November 2015 VA opinion.

The Veteran's claim for diabetes is denied as there is no evidence of a current diagnosis or in-service injury related to the condition.,The Veteran's claims for an acquired psychiatric disorder, left shoulder condition, right shoulder condition, right knee condition, and left knee condition are all denied due to lack of evidence linking these conditions to service. The claim for hypertension is also denied as there is no clear evidence that it began during service or is related to in-service stress.,The Veteran's claims for a left shoulder condition, right shoulder condition, right knee condition, and left knee condition are remanded because the VA examiner has not provided an opinion regarding whether these conditions are related to his in-service slip and fall incidents.

The Veteran's acquired psychiatric disorder, including PTSD and an unspecified anxiety disorder, has been granted service connection.,Service connection for a heart disorder is remanded as secondary to the Veteran’s service-connected acquired psychiatric disorder.

The Board has granted service connection for the Veteran's right knee condition on a secondary basis, finding that it is proximately due to his service-connected disabilities.

The Board has remanded the case due to insufficient examination report for right knee PFS, and requested an addendum opinion from the examiner.

The Veteran's left knee disability and tinnitus have been granted service connection. The Veteran's bilateral hearing loss and sleep apnea are remanded for further evaluation.

The Board has granted service connection for prostate cancer and remanded the remaining issues related to right knee and hip disabilities.

The Board has reopened the Veteran's claims for service connection for bilateral knee disabilities and sleep apnea, but has remanded these matters for further development.

The Board has found that the VA did not obtain all requested records from the Federal Tort Claims Act (FTCA) case against VA. The case was remanded to attempt to obtain these records, but no further action has been taken yet.

The Veteran's claims of increased ratings for his bilateral flat feet and right foot metatarsalgia, DDD of the thoracolumbar spine, and right knee patellofemoral pain syndrome are remanded due to lack of recent VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with these increased rating claims.

The Board has remanded the cases for further examination and opinion regarding the Veteran's claimed right knee, left knee, and lumbosacral spine strain conditions. The issues are related to service connection.

The Veteran's claim for VR&E benefits is remanded due to the need for a complete vocational rehabilitation file and additional evaluations. The Veteran also needs to provide evidence of unsuccessful attempts at employment in his chosen fields.