Knee decisions — 2019

The Veteran's left knee chondromalacia is not rated higher than 10 percent.,Prior to January 24, 2019, the Veteran's right knee chondromalacia was rated at 10 percent. From January 24, 2019, a higher rating for his right knee disability is denied.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis for the period prior to July 22, 2014.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities, including hypertension and unspecified trauma and stressor-related disorder. The decision grants service connection for this condition.

The Board has decided to remand the cases due to the Veteran's request for a Decision Review Officer (DRO) teleconference hearing. The issues of service connection for right shoulder, left shoulder, right knee, left knee, and left ankle disabilities are being remanded.

The Board has remanded the Veteran's claims for an initial disability rating for migraine headaches and related issues, as well as his TDIU claim. The Veteran needs to be provided with a VA examination to assess the severity of his migraine/tension headaches.

The Board has remanded the Veteran's claims for PTSD, left knee disability, right knee disability, and right shoulder disability due to insufficient evidence regarding stressor events in service and functional impairment.

The Veteran's tinnitus is granted as service connected. The right knee and left knee disorders, as well as bilateral sensorineural hearing loss, are remanded for further examination.

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for service connection due to incomplete or inadequate previous examinations.

The Board has granted service connection for right knee, right ankle, and lumbar spine disorders. The remaining issues of entitlement to service connection for an acquired psychiatric disorder (PTSD, anxiety, and depression), a disability manifested by chest tightness, and a disability manifested by a nervous stomach are remanded.

The Veteran's left knee disability is granted, and a compensable evaluation for his service-connected surgical scar on the right knee is denied.

The Veteran's right knee disability, including instability and degenerative joint disease, is now rated at 20 percent from August 10, 2016 onwards.

The Board denied the Veteran's claim for service connection for a below-the-knee amputation (BKA) of the right leg, finding that it is not related to his active duty service and has not been caused or made worse by his service-connected residuals of frozen feet.

The Board has denied the Veteran's claims for service connection of left knee disability, pilonidal cyst, right carpal tunnel syndrome, and radiculopathy of the right upper extremity due to lack of competent evidence showing these conditions are related to military service.

The Veteran's acquired psychiatric disability, schizophrenia, is granted service connection and his right knee injury is granted a non-compensable rating. The effective date for the right knee scar grant remains May 5, 2014.

The Board has decided to remand the cases for further development due to inadequate VA orthopedic examinations. The Veteran's right and left knee disabilities need to be re-evaluated with a new examination.

The Veteran's left knee disability is rated at 10% for instability and dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion. The TDIU was granted effective January 28, 2011.

The Veteran's claim for an initial rating in excess of 0 percent for right knee patellar dislocation was denied. The Board found that the evidence did not meet the criteria for a higher disability rating under Diagnostic Code 5257, as there was no recurrent subluxation or lateral instability.

The Veteran's additional bilateral wrist and right knee disabilities are as likely as not the result of negligence or other deviation from the standard of care during VA treatment in January 1993, which caused his pre-existing conditions to worsen.

The Board has granted service connection for left and right ankle disabilities, as well as right and left knee conditions, all secondary to the Veteran's service-connected bilateral shin splints and bilateral foot conditions. The claims for increased ratings of shin splints and DJD of the feet are also granted.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and right knee degenerative joint disease were denied. The Veteran was granted a separate rating of 10% for his right knee degenerative joint disease as of July 27, 2012.