Knee decisions — 2019

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings for left and right knee injuries with chondromalacia patella are remanded due to inadequate VA examination. The claim for a total disability rating based on individual unemployability (TDIU) is also deferred.

The Veteran's appeal for a compensable rating for his left knee condition was withdrawn. Service connection for allergic rhinitis is granted, but the issue of a compensable rating for GERD remains pending and requires further examination.

The Veteran's current right knee disability, including chondromalacia, degenerative joint disease, and status post total knee arthroplasty, is related to his in-service motor vehicle accident of November 1970. The Board granted service connection for this condition.

The Veteran's service connection claims for left and right knee disabilities, respiratory disability (constrictive bronchiolitis), and bilateral heel spurs are remanded. The claim for a left eye disability is also remanded.

The Board has found that the Veteran's appeal encompasses the propriety of reducing his rating for right knee limitation of flexion from 20% to 10%, effective September 1, 2015. The issues related to increased ratings for right knee instability and limitation of flexion are also remanded due to potential development of additional relevant evidence.

The Board has denied service connection for a left knee disability but granted it for a right ankle disability. The decision is mixed, with some issues being granted and others not.

The Veteran is seeking service connection for bilateral knee conditions, which he claims are related to his military duties in Vietnam. The Board has ordered a new VA examination to determine the nature and etiology of these conditions.

The Veteran's claim for a rating of 30 percent for migraine headaches is granted, effective from the date of the decision. The appeal regarding service connection for low back disorder and bilateral foot disorders is remanded.

The Veteran's claim for service connection of a right knee disorder was not reopened, his increased rating claim for right ankle disability was denied, and he received a TDIU. The decision is mixed as some issues were granted while others were denied.

The Board has remanded the claims for service connection for ankle and knee conditions, as they are related to fibromyalgia which is secondary to service-connected anxiety disorder. The case requires further development with a new VA examination.

The Board has granted service connection for chronic left knee pain and remanded the issue of service connection for hearing loss.

The Board denied a higher disability rating for the Veteran's left knee injury with medial collateral ligament strain, finding that the current level of functional loss due to painful motion and slight limited range of motion warranted only a 10 percent rating.

The Board denied a rating greater than 10 percent for chondromalacia patella and osteoarthritis of the left knee with limitation of flexion, finding that the evidence did not support such an increase in disability.

The Board has restored the 30 percent rating for left knee disability, finding that the reduction from 30 to 10 percent was improper due to lack of compliance with regulatory requirements.

The Board has remanded the cases of service connection for bilateral leg and knee disorders due to insufficient medical opinions. The Veteran's claims will be returned to VA for further examination and opinion.

The Veteran's left total knee replacement is rated at 30 percent, which is the maximum rating available under Diagnostic Code 5055.,The Veteran's degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes during the appeal period.,Prior to February 9, 2019, the Veteran's degenerative arthritis of the cervical spine was rated at 10 percent. The Board found that a higher rating is not warranted due to limited forward flexion and no evidence of ankylosis.

The Board has decided to remand the case for additional development due to conflicting evidence regarding the etiology of the Veteran's right knee disability.

The Board has remanded the cases for further development and evaluation due to new evidence submitted by the Veteran, as well as issues related to service connection and TDIU.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his low back and right knee conditions are related to service. The claim for OSA remains pending as there is no current diagnosis in the record. The increased rating and effective date claims for a wrist fracture also need further examination.