Knee decisions — 2019

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed. The Veteran's claims for an acquired psychiatric disorder and a right knee disorder are inextricably intertwined with his TDIU claim.

The Board has determined that there are outstanding medical records relevant to the Veteran's claims and has ordered their retrieval. The Veteran is also asked to provide information about any additional private treatment records from his workman’s compensation claim.

The Veteran's service-connected disabilities prior to February 2, 2010 did not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU). However, her claim is being remanded for consideration of an extraschedular TDIU.

The Veteran's right knee disability was reduced from 30% to 10%, and the Board finds that this reduction was proper, as there is no evidence of ankylosis or other conditions warranting a higher rating. The current 10% rating for painful noncompensable limitation of motion remains appropriate.

The Veteran's claim for an increased evaluation of his service-connected right knee disorder is being remanded due to the need for a new VA examination.

The Board denied the Veteran's claims of service connection for a left knee strain, effective date of service connection for PTSD, major depressive disorder, TBI, cognitive disorder and TBI headaches, and evaluation for PTSD, major depressive disorder, TBI, cognitive disorder and TBI headaches due to lack of clear and unmistakable error in the prior rating decisions.

The Veteran's claims for service connection for residuals of a head trauma and PTSD have been successfully reopened, and both conditions are now considered well-grounded. The remaining issues related to the lumbar spine, neurological condition, right knee, thoracic rib area, hip conditions, hearing loss, heart condition/murmur, and high blood pressure remain denied.

The Board has remanded the issues of service connection for status post fracture of left patella, with degenerative arthritis and a right knee disability to include as secondary to status post fracture of left patella, with degenerative arthritis due to potential aggravation during ACDUTRA. The appellant is required to provide evidence showing that his left knee condition worsened during the period of active duty for training (ACDUTRA) and that this worsening was caused by the ACDUTRA service. Additionally, an examination is needed to determine if the right knee disability is proximately due to or aggravated by the left knee disability.

The Board has granted service connection for the Veteran's right knee disability on a secondary basis to his service-connected left knee degenerative joint disease.

The Board has remanded the claims for service connection due to pre-decisional duty-to-assist errors. The Veteran's claims are being reviewed under a new framework.

The Veteran's tinnitus is granted as incurred in service.,Service connection for an acquired mental disorder, right foot disorder, left foot disorder, prostate cancer, and right knee osteoarthritis status post total knee replacement is denied.

The Board has remanded both issues for further development, including providing the Veteran with a VA examination that complies with the requirements in Sharp v. Shulkin and Correia.

The Board has remanded the claims for service connection for arthritis of the right and left knees due to insufficient reasons and bases in the previous decision. The Veteran is asked to provide information about any private treatment records related to his knee conditions.

The Board has decided that additional development is needed for the Veteran's claims due to new VA treatment records and examination reports being added to the record after an August 2017 rating decision.

The Board denied compensation under 38 U.S.C. § 1151 for right leg amputation (below the knee) due to lack of proximate cause, concluding that it was not caused by VA care.

The Board has remanded the cases for additional development due to inadequate VA examinations regarding the Veteran's left shoulder impingement, left knee internal derangement, and scar on scalp.

The Veteran's claims for service connection were denied as there was no indication of intent to apply prior to December 26, 2013.,Claims for effective dates prior to December 26, 2013 are denied.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's left knee condition, acquired psychiatric disorder (anxiety/depression), and TBI are all under review.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from July 22, 2016 onward. The decision is based on the severity of his service-connected disabilities and their impact on his ability to work.

The Board has remanded the issues of service connection for various conditions due to outstanding records and additional development needed, including verification of stressors and VA examinations.