Knee decisions — 2019

The Veteran's claim for a higher rating for unspecified depressive disorder is denied as the symptoms do not warrant a higher rating.,The Veteran's claim for a higher rating for left knee disability is denied as the symptoms do not warrant a higher rating.

The Board has remanded the Veteran's claims for further development due to inadequate VA examination and clarification of his intentions regarding the effective date.

The Board has remanded the claims for service connection for residuals of a right knee injury, tinnitus, respiratory condition, and an acquired psychiatric disability (claimed as PTSD) due to incomplete records.

The Veteran's claim for an increased rating of his right knee condition was denied. The Board has remanded the case due to issues with the statement of the case and the need to address the entire period on appeal. Additionally, the TDIU claim is inextricably intertwined with the hemorrhoids issue and is also being remanded.

The Veteran's claims for service connection for a right knee disorder and left ankle disorder have been reopened, but the Board has determined that new and material evidence was not received to reopen his claim of service connection for a left shoulder disorder.,Service connection is granted for a right knee disorder and left ankle disorder. The specific issues on appeal are whether service connection can be established for these conditions.

The Board has decided to remand the cases of service connection for left knee disorder, vision disorder, and jaw disorder due to insufficient evidence in the record.

The Board has decided to remand the claims for service connection of back and knee problems due to new evidence showing duty status in Vietnam, which was not previously considered. A VA examination is required to determine if these conditions are related to service.

The Veteran's claim for a higher initial rating for his left knee disability is being remanded due to the inadequacy of the previous VA examination. A new examination will be required before further action can be taken.

The Veteran's thoracolumbar spine disability is granted a rating of 20 percent, but no higher. The left and right knee disabilities are each granted a rating of 10 percent.

The Board denied service connection for right-knee and left-knee disabilities due to a lack of evidence linking the conditions to service.

The Board has granted service connection for residuals of left tibial fracture with leg length discrepancy, low back disability (claimed as secondary to the leg length discrepancy), and bilateral knee disability (also claimed as secondary to the leg length discrepancy).

The Veteran's claims for effective dates earlier than March 10, 2010 (left knee disability) and July 30, 2015 (right knee instability increase rating) have been denied. The Board has also remanded several other issues including increased ratings for bilateral knee disabilities and SMC.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his employment is not marginal and he does not meet the criteria for TDIU.

The Veteran's appeal includes claims for service connection for a left foot disorder and increased ratings for his left knee osteochondritis dissecans. The case is being remanded to obtain additional evidence, including medical opinions regarding the etiology of any diagnosed left foot disorder and the nature and severity of his left knee disability.

The Board denied service connection for a left hand disorder, right hand disorder, right knee disorder, and lung disorder (asbestosis).,The Board found no current disability related to the Veteran's in-service complaints of joint pain and did not find evidence of asbestosis during the appeal period.

The Veteran's claim for service connection for right ear hearing loss was denied due to lack of diagnosed disability, and new evidence does not raise a reasonable possibility of substantiating the claim.,The Veteran’s right knee disability is currently rated at 10 percent under Diagnostic Codes 5024-5260. The Board finds no basis for a higher rating based on current evidence.,The Veteran's migraine headaches are currently rated at 30 percent, and the Board does not find that they meet or approximate the criteria for a higher rating due to severe economic inadaptability.,PTSD is currently rated at 30 percent under Diagnostic Code 9411. The Board finds no basis for a higher rating based on current evidence.

The Board has remanded the claims for an earlier effective date for TDIU and education benefits under Chapter 35 (DEA) due to their inextricability with other pending claims. The Veteran's attorney asserts that resolution of these claims may impact the analysis regarding his TDIU claim.

The Board has remanded the claims for service connection of left and right knee disabilities, as secondary to a right ankle disability due to insufficient VA medical records from San Juan VAMC. The Veteran's claim will be returned to the AOJ to obtain these records and provide an addendum opinion regarding whether his knee disabilities are proximately due or aggravated by his right ankle disability.

The Board has remanded the Veteran's claims for increased ratings for his right shoulder disorder and left knee arthritis due to insufficient evidence. The Veteran will need to undergo a new examination to determine the current severity of these conditions.

The Board has granted the Veteran's petitions to reopen his claims for service connection for right shoulder and right knee disabilities. However, these claims are still pending as they have been remanded due to the need for additional medical opinions.