Knee decisions — 2019

The Board has remanded three issues: service connection for a left knee disorder, residuals of frostbite of the toes, and depression. The reasons are that the VA examiners' opinions were inadequate as they did not consider the Veteran's lay statements regarding his experiences in basic training.

The Board denied increased ratings for limitation of flexion and recurrent subluxation of the left knee, finding that the Veteran's conditions did not warrant a rating in excess of 10 percent.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's claims for service connection for diabetes mellitus type II, and restoration of disability ratings for various knee and ankle conditions were denied. The appeal was remanded for further action on other issues.

The Veteran's claims for service connection of left knee, shoulder, and low back disorders were denied. The Board found no new and material evidence to reopen these claims.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's knee conditions, as there are insufficient records for a determination.

The Veteran's claims for service connection for left and right leg injuries resulting from a motorcycle accident in service have been reopened, but the evidence does not meet the criteria for service connection.,The Veteran's chronic rhinitis is rated at 10 percent due to greater than 50-percent obstruction of nasal passages on both sides.

The Veteran's claims of service connection for low back, left knee, left hip, and right shoulder conditions have been reopened. The Board has determined that a new VA examination is needed to determine the nature and etiology of these conditions.

The Board has denied service connection for a neck condition and remanded the issues of service connection for knee, gastritis, sinusitis, and pulmonary condition (to include asthma).

The Veteran's claims for service connection for a left knee disorder and bilateral hearing loss have been denied. The claim for an increased rating for anxiety disorder has also been denied.

The appeal was dismissed because the Veteran's Substantive Appeal, which was received on August 25, 2016, was untimely filed. The deadline for filing a substantive appeal is within 60 days from the date of mailing the Statement of the Case or within one year from the date of the rating decision.

The Board has remanded the Veteran's claims for bilateral knee condition, headache condition, chronic nose bleeds, TBI, sternal chest pain, and memory loss to include as due to an undiagnosed illness or secondary to his service-connected schizoaffective disorder. The remand requires additional examinations and opinions regarding the etiology of these conditions.

The Veteran's SMC for anatomical loss of one foot was denied as he already received the maximum award based on his disability picture.

The Board has remanded the Veteran's claims of service connection for a back disability, left and right knee disabilities, and tinnitus due to inadequate VA examinations and failure to properly request a DRO review.

The Veteran's claims for higher ratings and earlier effective dates were denied. The current rating of 60 percent for chronic kidney disease, stage 3, is maintained. A separate 10 percent rating was granted for the left knee meniscectomy on and after April 14, 2017.

The Board denied service connection for lumbar strain and denied increased ratings for right and left knee PFS, finding no evidence of in-service injury or disease related to the conditions, and that any current symptoms are not causally linked to service-connected disabilities.

The Board has determined that the Veteran does not have a current disability due to his claimed left-sided weakness, and therefore service connection for this condition is denied. The claims of service connection for a left hand disability, a left knee disability, including as due to a service-connected right knee disability, and for hypertension are remanded for further development.

The Board has decided to remand the Veteran's claims for service connection due to missing medical records and unclear nature of his current conditions. The claims will be reviewed again with new examinations and opinions.

The Board has dismissed the Veteran's appeals due to his withdrawal of the appeal.

The Board has decided that the Veteran's claims for service connection of a left shoulder disability, right knee disability, and neck disability are remanded due to insufficient evidence. The TDIU claim is also remanded as there is uncertainty about the Veteran's current employment status.