Knee decisions — 2019

The Board has remanded the Veteran's claims for service connection for a back disability and bilateral knee disability due to VA's failure to obtain private treatment records from Dr. H.

The Board has decided to remand the cases for further development and consideration. Service connection is being remanded for left knee, right knee, and low back conditions.

The Board has remanded the Veteran's claims for service connection and higher ratings due to incomplete records, including missing STRs and audiometric test results. The Veteran is also required to provide additional private treatment records.

The Veteran's left knee disability, including meniscal tear and slight muscle atrophy, is rated as 20 percent disabling. A separate 20 percent rating for moderate instability of the left knee is granted.

The Veteran's left knee disability is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's right knee disability was previously rated based on lateral instability. The current appeal involves an increased rating for this condition.

The Board has remanded the Veteran's claims of service connection for back, cervical spine, and bilateral knee conditions due to insufficient evidence regarding their etiology. An examination is needed to determine if these conditions are related to his military service.

The Board has denied service connection for a right knee condition and remanded the claims of urticaria (claimed as skin condition) and migraine headaches.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected left knee disability, and for further development related to his TDIU claim.

The Board has decided to remand the case due to issues with obtaining service treatment records and considering functional impairment. The Veteran's bilateral knee disability claim is being sent back for further review.

The Board has remanded the case for further development and examination to determine the nature and etiology of the Veteran's neck disability, as well as the current level of severity of her low back disability and left knee disability. The issues on appeal include service connection for a neck disability, increased ratings for a low back disability, and an initial rating for a left knee disability.

The Veteran's VA disability benefits were reduced due to the recoupment of her separation pay. The appeal is denied as the law requires the recouping of separation pay from VA disability compensation.

The Veteran's combined disability rating is denied as it does not meet the criteria for a 100% rating.

The Board found that the July 1999 rating decision contained clear and unmistakable error in assigning effective dates for the right knee disabilities, but granted earlier effective dates based on a later April 2019 rating decision. The issues of whether there was clear and unmistakable error in the July 1999 rating decision remain unresolved.

The Board has remanded the case due to insufficient nexus opinions regarding the relationship between the Veteran's service-connected right knee disorders, obesity, and left knee disability.

The Veteran's TDIU claim is remanded due to the inextricability with other service connection claims for psychiatric and right knee disorders. The outcome of these claims could affect his TDIU.

The Board has decided to remand the Veteran's claims of service connection for bilateral knee disabilities due to insufficient evidence and need for further examination.

The Board has remanded the case due to inadequate examination regarding left lower leg swelling and left knee strain. The Veteran's claims for service connection are being addressed in a separate decision.

The Board has determined that a new VA examination is needed to assess the current nature, manifestations and severity of the Veteran's left knee disability due to its worsening since his last examination. The claim for an increased rating in excess of 10 percent for the left knee disability is being remanded.

The Veteran's right total knee arthroplasty was not manifested by chronic residuals consisting of severe painful motion or weakness in the affected extremity from October 1, 2015 to November 1, 2017.

The Board has remanded the claims for left knee disabilities due to a lack of adequate information from the May 2018 VA examination and the need for a more contemporaneous examination.