Knee decisions — 2019

The Board has granted service connection for right knee, left knee, and lumbar spine disabilities as secondary to the Veteran's service-connected bilateral foot disability.

The Board has denied service connection for a right shoulder condition, neck condition, and right upper extremity neuropathy. The claims of service connection for bilateral hearing loss and tinnitus are remanded as the Veteran did not undergo VA examinations to determine if his conditions are related to service.,Service connection is also denied for left and right knee conditions due to lack of a VA examination.

The Board has granted service connection for the Veteran's low back disability. The claims for left and right knee disabilities are remanded.

The Veteran's left knee disability is currently rated at 10 percent, but the Board found no evidence to warrant a higher rating. The claim for TDIU was also denied as the Veteran does not meet the schedular or extraschedular criteria.

The Veteran's appeal is remanded for additional development, including new VA examinations and obtaining SSA records. The issues of PTSD, right shoulder strain, right upper extremity radiculopathy, left upper extremity radiculopathy, and right knee chondromalacia are all remanded.

The Board has granted the Veteran's claims for service connection for left knee status post ACL tear and arthritis as secondary to his service-connected right knee osteoarthritis, but denied the claim for a right knee meniscal tear.

The Board denied service connection for a right knee disorder, sleep apnea, gastroesophageal reflux disease (GERD), lumbosacral strain, and left knee chondromalacia. The appeals were all denied as there was no current diagnosis or evidence of in-service injury resulting in the claimed conditions.

The Veteran's claim for an increased rating for his right knee disability is remanded due to the inadequacy of a previous VA examination.

Tinnitus is granted as service-connected.,Traumatic brain injury is denied as not service-connected.,Right knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Left knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Right shoulder condition is remanded for further examination and opinion regarding etiology.,Left elbow condition is remanded for further examination and opinion regarding etiology.,Bilateral hearing loss is remanded for further examination and opinion regarding etiology.,Cervical spine condition is remanded for further examination and opinion regarding etiology.,Obstructive sleep apnea is granted as service-connected.

The Board has decided to remand the Veteran's claims for chronic joint pain, a disability of the spine (including lumbar and cervical spine), left knee disability, right knee disability, and residuals of pneumonia. The decision is based on the need to obtain Social Security Administration records.

The Veteran's allergic rhinitis is service-connected. The Board found that the Veteran had a current diagnosis of allergic rhinitis and provided competent and credible testimony regarding his symptoms during service.,Service connection for right fifth finger injury was denied due to lack of continuity of care, despite the Veteran's lay statements. A VA examination will be required to address this issue.,The Board found that there is no current evidence of a right knee disorder or low back disorder related to service. An adequate VA examination is needed to clarify these issues.,Service connection for skin disorder was denied due to lack of continuity of care, despite the Veteran's lay statements and testimony regarding his symptoms during service. An adequate VA examination is required to address this issue.,The claim for respiratory disorder was reopened based on new evidence (diagnosis of bronchitis). The Board found that there is a reasonable possibility of substantiating the claim with further examination and medical opinion.,

The Veteran's service connection claims for various conditions, including lumbar spine condition (claimed as back condition), GERD, mental disorder (claimed as depressive illness), hyperlipidemia, left and right carpal tunnel syndrome, left and right hip arthritis, bilateral knee arthritis, discoid lupus erythematosus, hypertension, sleep apnea, bilateral hearing loss, and tinnitus have been denied. The Veteran's lumbar spine condition is not service connected due to lack of evidence showing it was incurred or aggravated during service.

The Board has remanded the Veteran's claims for hypertension, headaches, hepatitis C, and fatigue/malaise due to pre-decisional duty to assist errors. The claims for disabilities of the back, right shoulder, hips, knees, and ankles are inextricably intertwined with the claim for hepatitis C.

The Veteran's claims for service connection for a gallbladder disorder and increased ratings for bilateral knee disorders are being remanded due to new evidence submitted within one year of the March 2014 rating decision. The VA is required to schedule examinations to determine the nature and etiology of the gallbladder disorder, as well as assess the current severity of the left and right knee disorders.

The Veteran's claim for increased ratings for his service-connected patella femoral pain syndrome with chondromalacia of the left knee was denied. The Board found that there was no evidence to support an increase rating above the previously assigned 10 percent from September 2012 to December 2015, and a noncompensable rating was warranted after December 2015.

The Board dismissed the Veteran's claims for service connection due to his withdrawal of these claims during his July 2018 hearing. The remaining issues were remanded.

The Board has decided that the Veteran does not have a current broken right wrist or right knee disability and therefore denied service connection for these conditions. The issues of service connection for broken right wrist and right knee injury are being remanded to obtain additional medical opinions.

The Board has remanded the Veteran's claims for service connection for a left ankle condition and a left knee condition, as well as their secondary relationship. The claims are being reviewed on a de novo basis due to new evidence submitted by the Veteran.

The Veteran's claims for effective dates earlier than February 29, 1996 for the grant of service connection for various conditions have been denied. The Board found that the evidence did not support an earlier effective date.

The Board has remanded the claims for service connection due to insufficient evidence and the need for further examination. The appellant's current left foot disabilities, back disability, right knee disability, and left knee disability are all in question.