Knee decisions — 2019

The Board has remanded the Veteran's appeals for higher ratings for various knee disabilities, depression, and radiculopathy due to incomplete records and need for further examination.

The Veteran's appeal for service connection on multiple issues has been dismissed due to the withdrawal of the appeal by his representative.

The Veteran's claims for service connection for a right knee disorder and an acquired psychiatric disorder are being remanded due to the need for new VA examinations. The Board is seeking opinions on whether these conditions are related to service, preexisted service, or were aggravated by service.

Service connection is denied for DDD of the lumbar spine, left hip disorder, right hip disorder, left knee disorder, right knee disorder, left foot disorder, and right foot disorder.,Service connection is denied for tinnitus, COPD, obstructive sleep apnea, and hypertension.

The Board denied the Veteran's claim for a temporary 100 percent evaluation for convalescence due to his service-connected right knee disability from October 1, 1989 to February 5, 2017 as there was no evidence showing he required any period of convalescence.

The Veteran's claims for bilateral hearing loss, degenerative arthritis of the thoracolumbar spine, radiculopathy of the left and right lower extremities, degenerative arthritis of the knees, and other specified depressive disorder have all been denied as not related to service or otherwise supported by evidence.

The Board has determined that new and relevant evidence has been received, requiring readjudication of the claim for service connection for a left knee disability. The case is remanded due to insufficient medical opinions regarding the etiology of the Veteran's left knee disability.

The Veteran is awarded a 70% disability rating for his service-connected unspecified depressive disorder and an additional 20% rating for his left knee condition, bringing his combined rating to 80%. The Board also granted entitlement to Total Disability based on Individual Unemployability (TDIU) due to the severity of both conditions.

The Veteran's claims for service connection for various acquired psychiatric, headache, hand, knee, and ankle disorders have been denied as there is no evidence of a current disability or a link to his active service.

The Veteran's amputation of the right leg above the knee was not caused by VA treatment, and there is no evidence of negligence or fault on the part of VA clinicians. The decision denies compensation under 38 U.S.C. § 1151.

The Board denied the Veteran's claims for service connection and increased ratings, finding that there was insufficient evidence to support his claims or that the conditions did not meet the criteria for the requested ratings.

The Board has granted service connection for left shoulder acromioclavicular joint osteoarthritis, right hip avascular necrosis, and bilateral knee strain (including right and left knees). The decision is based on the Veteran's in-service exposure to physical activity such as pushups and marching in combat boots, which are consistent with the development of his current conditions.

The Board has remanded all the issues related to service connection for various disorders due to a pre-decisional duty-to-assist error.

The Veteran's appeal is remanded for further examinations to determine the current severity of his service-connected eye, hearing loss, knee, foot, and skin disabilities. The Veteran also requested a DRO hearing but withdrew it.

The Board has found that additional development is needed for the Veteran's claims of service connection for diverticulitis, right arm numbness, and right knee numbness as secondary to his service-connected hemorrhoidectomy with stenosis. The VA examinations are required to address causation and aggravation.

The Veteran's claims for service connection and evaluation of various disabilities are being remanded due to inadequate development or opinions. The TDIU claim is also being remanded.

The Veteran's left knee disability is rated at 20% for the period from March 18, 2019. A separate 10% evaluation is granted for instability of the left knee.

The Veteran's left knee status post arthroscopic surgery and limitation of extension prior to January 6, 2015, were both denied as the evidence did not meet the criteria for a higher rating.

The Veteran's low back disability is granted as service-connected. The claims for increased ratings for left and right knee disabilities are remanded.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.