Knee decisions — 2019

The Board denied the claims for initial ratings higher than 10 percent for right knee limitation of flexion and anxiety and depression, finding that there was no evidence to support a higher rating based on the Veteran's symptoms.

The Veteran's petition to reopen her claim for service connection of a right knee disorder is granted. The appeal regarding the migraine disorder, as well as both issues on service connection, are remanded.

The Board has decided to remand the cases of bilateral hearing loss, tinnitus, and right knee disorder for further action as new evidence was added since the last decision.

The Board has determined that there is no current evidence of a left knee disability, right ankle disability, right knee disability, or left ankle disability. The Veteran's service treatment records do not show any diagnosis or treatment for these conditions.,As such, the claim for service connection for all four disabilities is denied.

The Board has denied the Veteran's claims of service connection for left and right knee conditions, heart condition, stomach and digestive tract condition, and acquired psychiatric condition.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disorder, bilateral knee disorder, and heart disorder due to potential issues with verifying his National Guard service.

The Veteran’s claim is denied as the RO did not contain clear and unmistakable error in denying service connection for residuals of left rib fracture. The Veteran is granted an initial rating of 10 percent for his service-connected TBI, but no higher. His claims for increased ratings for PTSD and Crohn's disease are denied. An earlier effective date for the award of a 30 percent rating for Crohn's disease is also denied.

The Board has determined that the Veteran's left knee disorder and bilateral hearing loss may be related to his service, but more evidence is needed for a definitive determination.

The Veteran's claims for service connection have been reopened, but the Board has not yet decided whether these conditions are related to his military service.,Additional evidence was submitted and found to be new and material, allowing the reopening of the claims. However, further development is needed to determine if the conditions are indeed related to service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Florida Hospital on November 26, December 2, and December 20, 2011 is denied because the treatment was not related to a service-connected disability and did not constitute an emergency.

The Board has reviewed new evidence submitted by the Veteran and finds that it should be considered in the first instance by the AOJ. The appeal is therefore remanded for this purpose.

The Veteran's claims for service connection for various conditions, including left ear hearing loss, hypertension, TIA, high cholesterol, TBI, headache disorder, sleep disorder, right knee disorder, and left knee disorder have all been denied. The Board found that there was no evidence of in-service incurrence or continuity of symptomatology for these conditions.

The Board has decided to remand the Veteran's claims for right knee and left shoulder disabilities, as they are related to his service-connected bilateral pes planus. Additional development is needed to ensure that due process is followed and there is a complete record upon which to decide these claims.

The Board has remanded the claims for service connection for left knee disorder, right foot disorder, and tinnitus due to insufficient evidence in the record. The Veteran's complaints of tinnitus are denied as there is no chronicity shown during service or within the applicable presumptive period. Service connection for left knee disorder and right foot disorder cannot be granted on a direct basis as there is no medical nexus provided by VA examiners. Dependency benefits for Daughter have been restored up to May 26, 2014.

The Veteran's claims for service connection of right and left knee disabilities have been reopened, but the appeal is still pending as the issues are being remanded for further development.

The Veteran's service-connected conditions were denied as they are not related to military service. The Board found the evidence did not support a finding that any of these conditions began during or were aggravated by active duty.

The Board has granted service connection for left knee instability and set the effective date to August 17, 2012, which is when the Veteran filed her claim.

The Veteran's bilateral knee disability is currently under review and needs to be evaluated by a VA examiner.

The Veteran's claims for annual clothing allowances for the 2015 calendar year for right knee and back braces are remanded due to insufficient information about the type of braces issued. Additional VA treatment records from April 2015 to January 2016 are needed, as well as an assessment of whether the Veteran's braces were worn on the outside of his clothing.

The Veteran's appeal involves multiple issues related to his left knee disabilities, including increased ratings and TDIU. The Board has determined that the remand is necessary due to lack of compliance with previous remands regarding functional loss and flare-ups.