Knee decisions — 2019

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran has withdrawn all his pending appeals.

The Board has determined that further development is necessary to evaluate the Veteran's claims for increased ratings for his service-connected right and left knee disabilities. The Veteran will need a new examination to assess the current severity of these conditions.

The Board has remanded several issues related to the Veteran's service connection claims, including left hand disability, left little finger disability, left knee disability, right ankle disability, bilateral foot disability, and acquired psychiatric disability. The appeals are pending due to insufficient evidence or need for further examination.

The Board has dismissed the appeals for all issues related to service connection, increased ratings, and effective dates due to the absence of an adequate substantive appeal.

The Veteran's claims are being remanded due to lack of substantial compliance with prior remand directives, specifically the need for a new knee examination that complies with Correia v. McDonald (2016).

The Board has remanded the Veteran's claims for service connection for right and left knee disabilities due to inadequate VA examination, missing service treatment records, and potential aggravation of left knee disability by right knee disability. The Veteran will need a new VA examination to determine if her current knee symptoms are related to in-service stress fractures.

The Veteran's service-connected disabilities (right knee arthritis and left knee DJD) have impacted his ability to maintain substantially gainful employment, necessitating a referral for extraschedular TDIU consideration.

The Board has remanded the Veteran's claims of service connection for left leg, right leg, and left knee conditions due to a lack of medical evidence in the record.

The Board denied the Veteran's claims for service connection for a bilateral knee disability as secondary to his service-connected right foot disability and an increased evaluation for his right foot disability. The evidence did not support a finding that the Veteran’s current bilateral knee disability was incurred in service, is otherwise related to service, or secondary to his service-connected right foot disability.

The Veteran's claims for bilateral hand, shoulder, knee, foot conditions and hypertension are remanded due to the need for additional medical examinations. The claim for sleep apnea is also remanded as it is inextricably intertwined with these other claims.

The Board has remanded the claims of service connection for various disabilities, including a left shoulder disability, right knee disability (secondary to dislocated right ankle), left ankle disability (secondary to dislocated right ankle), and prostate condition. The Veteran is advised that he must submit a timely substantive appeal if he wishes to proceed with these matters.

The Veteran's TDIU claim for the period from August 1, 2016 to March 20, 2018 is granted. The effective date for service connection of left knee instability and degenerative joint disease (DJD) of the left knee is set at November 19, 2013.

The Veteran's tinnitus claim is granted, and he is now entitled to a higher evaluation for his degenerative joint disease of the lumbar spine. The right knee disability remains at its current level, but the scar status post lower back surgery receives an increased rating. His bladder disability and peripheral neuropathy are also evaluated based on their respective conditions.

The Veteran's claims of service connection for tinnitus, bilateral knee disability, eye condition and right ankle condition were not reopened due to lack of new and material evidence. The appeal for an increased rating for PTSD was granted with a higher 70 percent rating effective May 1, 2016.

The Veteran's left knee and right knee disabilities have been granted increased ratings, with a TDIU since September 29, 2018. The appeal for prior TDIU is remanded.

The Board has remanded the Veteran's claims for low back disability, bilateral knee disability, and sleep apnea due to insufficient evidence on continuity of symptomatology since service.

The Board has denied service connection for right shoulder, left knee, and right knee disorders. The rash claim is remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and outstanding VA treatment records. The issues on appeal include back, bilateral hip, left knee, right knee, left ankle, right ankle, and respiratory disabilities.

The Board has granted service connection for the Veteran's bilateral knee and ankle disabilities on a secondary basis due to his service-connected hip disabilities.

The Veteran's prostate cancer is granted service connection due to presumed exposure to herbicides. Service connection for peripheral neuropathy of the bilateral lower extremities, left hand arthritis, right hand arthritis, left knee disorder, and right knee disorder are denied as not related to service or a service-connected condition. Service connection for bilateral hearing loss is denied.