Knee decisions — 2019

The Board has denied the Veteran's claim for an increased rating for his right knee disability, and the Court has ordered a remand due to insufficient evidence. The case is now being sent back for further examination and evaluation.

The Veteran's left total knee replacement is rated at 30 percent, but the Board found no evidence of chronic residuals consisting of severe painful motion or weakness to warrant a higher rating. The claim for a higher rating was denied.

The Board has remanded the issues of increased ratings for right clavicle/scapula impairment, left knee osteoarthritis, and right knee osteoarthritis with meniscus tear. The Veteran's service-connected disabilities have rendered him unemployable.

The Board has denied the Veteran's claims for service connection for a bilateral knee condition and an initial rating in excess of 50 percent for PTSD. The decision found that there is no current diagnosis of a bilateral knee condition, and the symptoms associated with PTSD do not meet the criteria for a higher disability rating.

The Veteran's claims for increased ratings for bilateral hearing loss and degenerative arthritis of the knees have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating for his bilateral hearing loss, as his hearing acuity was no worse than Level VII in the right ear and Level I in the left ear. For his knee disabilities, the Board determined that the flexion limitation did not warrant a higher rating under any applicable diagnostic codes.

The Board has denied the Veteran's claims for service connection for degenerative changes of the lumbosacral spine, cervical spine, left knee strain residuals, and right knee strain residuals. The evidence does not establish a chronic condition that manifested to a compensable degree in service or within a presumptive period, nor is continuity of symptomatology established.

The Board has remanded the case due to issues related to higher ratings for PTSD and right clavicle fracture residuals, as well as service connection for various disabilities. The effective date of the TDIU award is still under review.

The Veteran's claims for higher ratings for her service-connected knee disabilities, bilateral pes planus and hallux valgus, a back disorder, hypertension, and sleep apnea are being remanded due to the need for additional examinations. The Veteran also has pending claims seeking service connection for these conditions.

The Board denied the Veteran's claims of service connection for a right knee disorder and a respiratory disorder, finding no new and material evidence to reopen the right knee claim and concluding that there was insufficient medical evidence linking current respiratory symptoms to service.

The Veteran's appeals for service connection for various disabilities have been dismissed due to the Veteran's withdrawal of his appeal.,The Veteran has withdrawn all issues except for entitlement to service connection for a left knee disability, right knee disability, back disability, neck disability, sleep disability, and hypertension.

The Board has remanded the Veteran's claims for a new VA examination to assess additional functional loss due to flare-ups and repetitive use over time.

Service connection for bilateral hearing loss is granted as the Veteran's in-service noise exposure likely caused his current condition.,Service connection for a right hip disorder and a right knee disorder are denied as there is no evidence of their direct or secondary relationship to service-connected conditions.,Service connection for a lumbar spine disorder is remanded due to insufficient evidence regarding its relationship to service-connected conditions.

The Board has decided to remand the cases for further examination and opinion regarding service connection for back and left knee conditions, as there is insufficient evidence in the post-service medical records to determine if these conditions are related to service.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate examinations. The VA will schedule the Veteran for a new examination to assess his left knee disabilities.

The Board has remanded the cases due to the need for additional medical examinations and opinions regarding service connection for degenerative arthritis of the right and left knees, as well as an initial compensable disability rating for a left tibial condition.

The Veteran's headaches are granted as secondary to his service-connected anxiety disorder with anxiety and depressed mood.,Tinnitus is remanded for a VA audiometric examination to determine its etiology.,Obstructive sleep apnea is remanded for an updated VA examination and medical opinion considering the Veteran’s specific medical history.,Heart condition and high blood pressure are remanded for a VA examination and medical opinion addressing their relationship with service-connected conditions.,Adjustment disorder with anxiety and depressed mood remains at issue, requiring an updated VA psychiatric examination.,Right knee instability and degenerative changes with internal derangement remain at issue, requiring an updated VA examination.,Left thigh scar and right hand scarring are remanded for increased ratings based on the Veteran's current medical records.,TDIU is remanded due to the Veteran’s service-connected conditions impacting his employment.,Whether new and material evidence has been received to reopen the claim of entitlement to service connection for any lung disorder remains at issue.

The Board has remanded the claims due to new evidence being added to the record after the SOC was issued. The Veteran and his representative did not waive AOJ review of this additional evidence.

The Board has remanded the case due to the need for additional medical records and physical examinations.

The Board has not been able to review the full medical records leading up to and following the Veteran's April 2014 above-the-knee amputation, as these records are missing from the claims file. The case is being remanded so that all relevant VA treatment notes can be obtained.