Knee decisions — 2019

The Veteran's appeal for service connection for bilateral hearing loss, sleep apnea, a right knee disorder, and hypertension is denied. The appeal for service connection for a left knee disorder and a respiratory disorder is remanded.,Service connection for sleep apnea is denied as the preponderance of evidence does not support its onset during or related to active duty service. Service connection for bilateral hearing loss, a right knee disorder, and hypertension are also denied due to lack of current disability for VA purposes. The appeal for service connection for a left knee disorder and respiratory disorder is remanded.

The Veteran's appeals for increased ratings and TDIU were denied. The right shoulder osteoarthritis AC joint with associated shoulder impingement syndrome was rated at 20 percent, while the status-post right knee total knee arthroplasty was rated at 10 percent prior to November 14, 2012, and higher than 30 percent since January 1, 2014. The Veteran's appeal for TDIU is also denied.

The Veteran's appeals for service connection and increased rating were denied because he did not file a timely notice of disagreement with the January 2015 rating decisions.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal.

The Veteran's Parkinson’s Disease is granted as it is presumed to be related to herbicide exposure during service.,Service connection for tinnitus is granted based on in-service noise exposure and current diagnosis.

The Veteran's claims for increased ratings of instability and limitation of motion of the right and left knees have been denied as there is no evidence showing that these conditions warrant a higher rating.,The Veteran's claim for an increased rating based on limitation of extension of the right knee has also been denied.

The Veteran's left knee brace, which does not have exposed metal material and does not cause wear and tear on clothing, is denied an annual VA clothing allowance for the year 2017.

The Veteran's service-connected bilateral knee disabilities have resulted in the functional equivalent of loss of use of both feet, allowing him to be eligible for automobile and adaptive equipment.

The Board has remanded the Veteran's claims for additional VA examinations to assess the severity of her service-connected upper and lower back strain, left knee strain, right ankle strain, and bilateral flatfeet and plantar fasciitis.

The Veteran's claims for service connection and increased rating are remanded due to the need for additional medical opinions regarding his hearing loss, tinnitus, lumbar spine disability, right knee disability, left knee disability, kidney disorder, and rheumatoid arthritis. The issues of entitlement to a compensable rating for right ear hearing loss and service connection for left ear hearing loss are inextricably intertwined with the above issues.

The Board has remanded the claims of service connection for left knee disability, right knee disability, and respiratory condition due to inadequate development in obtaining medical records and addressing the Veteran's statements regarding his military activities.

The Veteran's partial right knee replacement surgery is granted a 100% rating for one year, and then a 60% rating thereafter. The decision also found that the Veteran's right knee condition warrants a 60% disability rating under Diagnostic Code 5055 for the period following June 21, 2016.

The Board has granted service connection for a left knee disorder but denied service connection for a back disorder.

The Veteran's service-connected right and left knee disabilities, as well as her migraines, are being remanded for additional examinations to determine their current severity.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's left knee disability was aggravated by service or had its onset in service. The VA will obtain relevant records and provide a new opinion.

The Veteran's appeal for increased ratings for service-connected left knee disability and entitlement to a TDIU is being remanded due to the need for additional development.,The Veteran's claim for higher ratings for his service-connected left trigeminal nerve neuralgia disability remains denied.

The Board has decided that a remand is needed to evaluate the current severity of the Veteran's left knee disability due to inadequate range of motion testing in the previous examination.

The Veteran's claims of service connection for back, neck, left knee, and left shoulder conditions have been granted. The reduction in the disability rating for TBI from 10 percent to 0 percent was not proper.

The Veteran's appeal is remanded for a new VA examination to assess the severity of her PTSD and fibromyalgia, as well as to obtain updated VA treatment records. The issues of increased rating for PTSD and TDIU are also being remanded due to their inextricability.

The Board has granted an effective date of December 1, 2008 for the grant of a 60 percent rating for residuals of a right total knee arthroplasty based on severe painful motion or weakness in the affected extremity from that date.