Knee decisions — 2019

The Veteran's claim for service connection for PN of both upper extremities is granted. The Veteran's claim for a higher rating for sleep apnea is denied. The Veteran's claims for higher ratings for right knee instability and limitation of flexion are remanded. The Veteran's claims for higher ratings for left hand tremors and right hand tremors are remanded. The Veteran's claim for an earlier effective date for the PTSD rating is granted, but his TDIU claim remains pending.

The Board has decided to remand the Veteran's claims for service connection for left knee disability, right knee disability, and bilateral hearing loss disability due to missing records. The case is also remanded for VA examinations to address the etiology of these disabilities.

The Board has remanded the Veteran's claim of entitlement to service connection for a left knee disorder due to incomplete verification of his periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The case is now pending with instructions to verify these periods and obtain additional medical opinions.

The Board has remanded the Veteran's claims for increased ratings for his knees due to inadequate VA examination reports and the need for additional medical records.

The Veteran's appeal for an initial compensable disability rating for service-connected erectile dysfunction and entitlement to an effective date earlier than September 1, 2013 for the grant of entitlement to service connection for erectile dysfunction and radiculopathy, left lower extremity has been dismissed.,The Veteran's appeals for initial increased ratings for service-connected lumbar strain and left lower extremity radiculopathy have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for right and left foot disabilities have been remanded as the preexisting bilateral pes planus noted upon entry into service may have undergone an increase in disability during active duty service. An addendum medical opinion is needed to address this issue.,The Veteran's appeal for initial increased ratings for service-connected lumbar strain has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial compensable disability rating for service-connected radiculopathy, left lower extremity have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for entitlement to a separate rating for exertional compartment syndrome in his right foot has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for a left foot disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for an initial compensable disability rating for service-connected traumatic brain injury has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected left knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected right knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for effective date earlier than July 18, 2017 for the increased 50 percent disability rating awarded for service-connected migraine headaches has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.

The Veteran's appeals for increased ratings for patellar tendonitis, right knee and tinnitus have been dismissed. The Board has also remanded the issue of service connection for a lower/mid back disorder.

The Board has denied the Veteran's claims for increased ratings for his right femur fracture with shortening of leg and right knee condition, finding that the current disability ratings adequately compensate him for his symptoms.

The reduction from a 20 percent rating to a 10 percent rating for right knee ligament strain was proper as the evidence showed improvement in range of motion and function under ordinary conditions.

The Veteran's left knee osteoarthritis is granted as secondary to his service-connected right knee disability. A separate 10 percent rating for right knee instability and a 10 percent rating for the right knee condition (strain, pain syndrome and arthritis) are also granted.

The Veteran's claims for service connection have been granted, and the right ankle sprain with instability has also been granted. The ratings for these conditions remain at 30 percent.

The Veteran's claims for service connection for left knee, left shoulder, and right shoulder disabilities were denied due to lack of new and material evidence. The claim for gastrointestinal disability (undiagnosed) was reopened but not granted as the condition is attributed to pre-existing conditions.

The Board has remanded the service connection claims for bilateral hip, knee, and ankle pain due to insufficient examination reports and lack of rationale in the opinions provided.

The Veteran's claim for service connection for residuals of a chip fracture of the right jaw, an acquired psychiatric disorder (including PTSD and depressive disorder), and joint pains including back and knees has been granted. The rating assigned is 10 percent for residuals of a right hand injury with fracture of the 5th metacarpal and degenerative arthritis of multiple metacarpal interphalangeal joints.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination reports and lack of consideration of pertinent lay statements. The appeals are now pending with the AOJ.

The Veteran's appeals to service connect suppurating ulcers on the right and left legs, diabetes mellitus, and a temporary total rating for a condition necessitating convalescence have been withdrawn.,New evidence has reopened claims of service connection for a left knee disorder and a lumbar spine disorder. The Board will now review these reopened claims.

The Board has remanded the claims of entitlement to increased ratings for cervical spine arthritis, left knee arthritis, and right knee arthritis due to inadequate medical opinions regarding functional loss or limitation of motion as a result of pain.,The Veteran's cervical spine arthritis is currently rated at 20 percent based on forward flexion limited to 45 degrees. The claim for a higher rating remains pending.

The Board has remanded the case due to an inadequate February 2012 VA examination, which did not account for additional loss of motion from flare-ups and repetitive use. The Veteran's left knee disability is currently rated as 10 percent disabling.

The Veteran's service-connected disabilities rendered her unable to secure and maintain substantially gainful employment prior to July 1, 2011.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing medical records, lack of compliance with VA examination requirements, and inextricability between the issues.

The Board has decided to remand the cases due to inadequate examination reports and failure to comply with previous remands.