Knee decisions — 2019

The Board denied the Veteran's request to restore a 40% rating for his right knee degenerative joint disease, finding that the evidence did not show an improvement in the severity of his disability.

The Board has determined that the Veteran's right knee instability does not result in recurrent subluxation or lateral instability, and therefore a compensable rating is denied.

The Veteran's petition to reopen his service connection claim for a psychiatric disorder was denied. His increased rating and temporary total evaluation claims were also denied.

The Board denied service connection for a left knee disability, finding that the Veteran's current condition is not related to his military service or any service-connected conditions.

The Veteran's appeals for service connection have been withdrawn. The Board has remanded the issues of service connection for DJD of the left knee, status post arthroscopic surgery; DJD of the right knee; bilateral hearing loss; tinnitus; and OSA.

The Veteran's claims for service connection for heat stroke, diabetes mellitus, obstructive sleep apnea (OSA), scar, status post left knee injury, recurrent tinnitus, residuals of concussion including vertigo and headaches, and major depressive disorder with anxiety have been remanded.,The effective dates for the grants of service connection for scar, status post left knee injury; recurrent tinnitus; residuals of concussion including vertigo and headaches; and major depressive disorder with anxiety are also being remanded.

The Board has remanded the Veteran's claims for lumbar spine disability, bilateral knee disability, and respiratory condition (chronic cough) due to insufficient evidence. A VA examination is required to determine the nature, etiology, and severity of these conditions.

The Board denied service connection for bilateral knee disability other than gout, back disability, and eye disability as secondary to service-connected disabilities or exposure to contaminated water at Camp Lejeune. The claims were based on direct service connection.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance, or at the housebound rate is being remanded due to uncertainty regarding his functional impairment from service-connected disabilities without considering non-service-connected impairments.

The Veteran's claims for annual VA clothing allowances due to the use of bilateral knee braces and left shoulder cream and a right-hand brace are granted.

The Board has decided to remand the Veteran's claims for additional development due to inadequate VA examinations.

The Veteran's lower extremities arthritis, left knee arthritis, right knee arthritis, and right ankle arthritis are granted. The upper extremity arthritis is denied.

The Board has granted a TDIU due to the Veteran's service-connected disabilities, including left knee degenerative joint disease, PTSD, and maxillary sinusitis. The combined rating of these conditions is at least 80%.

The Board has denied service connection for right knee, right foot, left foot, and scar disabilities. The case is remanded for further examination to determine the nature and etiology of any back disability and acquired psychiatric disorder.

The Veteran's increased rating claims for her service-connected low back, right knee, and skin disabilities are remanded due to the need for updated treatment records and contemporaneous VA examinations.

The Board denied the Veteran's petition to reopen his claim for service connection for a right knee disorder, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, resulting in a grant of TDIU effective February 29, 2016.

The Veteran's TDIU claim is being remanded due to the need for additional information regarding his current employment status and when he last worked in a substantially gainful position.

The Board has decided to remand the claims for service connection for left knee, lower back, and acquired psychiatric disabilities due to new evidence added by VA. The AOJ should consider whether pain causes functional impairment for the left knee and lower back.

The Board has remanded the Veteran's claims for service connection for various joint and muscle pain conditions due to an undiagnosed illness, as they are related to his military service in the Southwest Asia theater.