Knee decisions — 2019

The application to reopen the claim for PTSD due to Military Sexual Trauma was denied.,The application to reopen the claim for Acute Arthritis, Rheumatoid Arthritis, Chronic Pain and Edema of Right Knee was denied. However, a new evidence submission allowed the reopening of the claim for an Eye Condition (loss of sight in the right eye).

The Board has remanded the case due to a lack of adequate examination for the right knee patellofemoral syndrome, and the Veteran will need a new evaluation.

The Board has remanded the Veteran's claims for service connection and initial disability ratings for his left knee disabilities due to missing STRs, SPRs, and Navy Reserve records. The VA is instructed to verify all periods of active duty including ACDUTRA/INACDUTRA in the Navy Reserve from 2004 to 2012.

The Veteran's claims for service connection on multiple conditions are being remanded due to the need for a Statement of the Case and further examination.

The Board has remanded the Veteran's claims for increased ratings for her bilateral knee disabilities due to insufficient development and lack of information regarding flare-ups and functional loss during such.

The Veteran's appeals for service connection and increased ratings were dismissed. A total disability evaluation based on individual unemployability (TDIU) was granted from July 1, 2014.

The Veteran's left knee arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right femur fracture is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has granted service connection for left ankle arthritis but denied service connection for bilateral hearing loss and tinnitus. The remaining issues have been remanded.

The Veteran's TDIU claim is remanded as the Board cannot consider it in its first instance and must be referred to VA’s Director, Compensation Service, for initial consideration. The evidence shows that the Veteran has been unable to engage in substantial gainful activity due to his service-connected disabilities since October 2009.

The Board has remanded the cases for additional development to address service connection and evaluation issues related to the Veteran's knee disabilities, as well as a TDIU claim. The remand includes obtaining an opinion on whether the right knee disability is proximately due or aggravated by the left knee and/or back disabilities.

The Veteran's bilateral eye condition is not service-connected as refractive error does not qualify for VA compensation.,There is no current diagnosis of hypertension, and the claim for secondary service connection to PTSD is denied.

The Board denied a higher rating for left total knee arthroplasty and denied an initial compensable rating for bilateral hearing loss.

The Board has dismissed the appeals for service connection of right knee injury, right knee arthritis, and left knee disorder due to the Veteran's death.

The Veteran's right knee disability is currently rated as 20 percent for postoperative reconstructive surgery patellofemoral disease with scars. The case has been remanded due to examination deficiencies and the need for additional development, including a new VA examination for the right knee and scars, and medical opinions on functional loss and impact of hydrocodone treatment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations to assess his service-connected right knee disability, left knee disability, and PTSD.

The Veteran's knee disabilities have been granted initial ratings of 20 percent for left and right knee DJD, as well as separate 10 percent ratings for instability in each knee. The case is remanded for further development regarding entitlement to a TDIU.

The appeal was denied as untimely and the claims for increased disability rating and service connection were not addressed due to untimeliness. The claim for an acquired psychiatric disorder, headaches/migraines, and sleep disability have been reopened with new evidence submitted.

The Board has determined that the Veteran does not have a current diagnosis of left knee, right knee, or cervical neck disabilities. Service connection for these conditions is therefore denied.,Regarding tinnitus, the Board finds that it is at least as likely as not related to service exposure to noise.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of evidence addressing her lay statements regarding continuity of symptoms since separation. The cases are being returned for further development.

The Veteran's claim for service connection for neck pain was reopened, and he is now granted service connection for voiding dysfunction as secondary to his chronic low back pain. His erectile dysfunction remains at a non-compensable rating. The Veteran's depression disorder is rated at 50 percent, which meets the criteria for a higher 70 percent or 100 percent disability rating.