Knee decisions — 2019

The Board has decided that the initial rating for left knee strain with moderately severe osteoarthritis should be remanded due to inadequate VA examinations conducted in 2012 and 2016. A new examination is required, including retrospective findings regarding pain on range of motion testing.

The Veteran's claim for an increased rating for his service-connected left knee degenerative joint disease is being remanded due to the need for a VA examination.

The Board denied the Veteran's claims for service connection for left knee, right knee, and bilateral foot disabilities as they are not related to her in-service injuries or a service-connected condition.

The Veteran's claims of service connection for low back disorder, instability of the left and right knees, and patellofemoral syndrome of the left and right knees were denied in a May 2014 rating decision. The effective date for these grants is April 21, 2015.,The Veteran's claim of service connection for major depressive disorder was granted in a May 2014 rating decision with an initial rating of 30 percent and effective from September 9, 2013. The effective date for the increased rating to 50 percent is March 20, 2017.,The Veteran's claims for earlier effective dates were denied as they are not valid under VA regulations.

The Board has reopened the Veteran's claims for service connection for right knee and low back pain disabilities as secondary to his service-connected left knee disability. However, further evidence is needed to determine if these conditions are related to his military service or his service-connected condition.

The Board has denied service connection for left shoulder, right hip, left hip, and right knee disabilities due to a lack of evidence linking these conditions to service or the period immediately following service.

The Veteran's petitions to reopen his claims of service connection for right and left knee disabilities were denied. The Board found that new evidence did not relate to the issues in dispute, thus denying reopening of these claims. Service connection for right hip and left hip disabilities was also denied as there is no evidence linking these conditions to service or any service-connected condition.

The Veteran's service-connected disabilities do not result in the loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, he is not eligible for financial assistance for an automobile and adaptive equipment.

The Veteran's headache disorder is caused or aggravated by his service-connected tinnitus.,Service connection for tinnitus was granted, effective January 27, 2015. The Veteran's claim for an earlier effective date prior to this date is denied.,New evidence has been received supporting the Veteran's claim of a psychiatric disorder secondary to TMJ (claimed as injury to mouth and face). Service connection for this condition is remanded.,Service connection for left knee, right knee, and sleep disorders are all remanded due to lack of medical records or incomplete information.,reasoning_1_sentence_on_deciding_factor_summary_of_case_1st_issue

Service connection has been granted for depression, headaches, and obstructive sleep apnea. An effective date prior to December 22, 2014 for service connection of right ear hearing loss and tinnitus is denied.,A 10% evaluation for mechanical lower back pain was granted with an effective date of February 6, 2014. Claims for earlier effective dates were dismissed.

The Veteran's claim for an earlier effective date and increased rating for his left knee disability was denied. The Board found that the Veteran did not meet the criteria for an earlier effective date due to the finality of the October 2004 decision, and he did not receive a higher rating based on limitation of motion or instability.

The Board has denied the Veteran's claims for clothing allowances for clotrimazole and hydrophilic creams due to lack of connection with a service-connected skin disability. The case is remanded for further consideration regarding the bilateral knee braces.

The Veteran's application to reopen claims for service connection for tinnitus, a lumbar spine disability, and right knee disabilities were granted. The claim for service connection for a cervical spine disability was denied.

The Board has reopened the claim for service connection of left knee condition due to new and material evidence. However, the claim is still remanded as there are insufficient medical opinions regarding the etiology of the Veteran's current left knee condition.

The Veteran's service-connected right and left knee conditions, as well as her left wrist condition, are rated at 10 percent. The Board has determined that a higher rating is warranted for all three conditions due to the lack of compliance with VA examination requirements in Sharp v. Shulkin.

The Veteran withdrew his appeal before a decision was made by the Board, so the case is dismissed.

The Board has ordered the remand of two issues related to the Veteran's knee disabilities due to insufficient examination findings regarding functional loss during flare-ups.

The Board has determined that additional development is needed for the Veteran's claims of cervical spine, lumbar spine, and left leg disabilities. The right thigh scar, myositis, enchondroma, and right knee arthritis are also being remanded due to changes in applicable law affecting their rating determinations.

The Board denied earlier effective dates for service connection of left knee instability and patellofemoral pain syndrome, finding that no pending unadjudicated claim existed to establish an earlier effective date.

The Veteran's right knee disability was reduced from a 20 percent rating to a non-compensable rating, but the Board has restored the original 20 percent rating due to improvement in the condition under ordinary conditions of life and work.