Knee decisions — 2019

The Veteran's claims for annual clothing allowances for a left knee brace and topical medication prescribed for her service-connected back and left knee disabilities were denied as there was no evidence that the braces or medication tended to wear out or tear her clothes, and the medications are not prescribed for skin conditions.

The Veteran's right knee disability is not productive of a disability picture consistent with flexion limited to 30 degrees or less or extension limited to 15 degrees. A separate compensable rating of 10 percent, but no higher, for torn meniscus has been granted. An effective date prior to May 27, 2016 for the grant of service connection for a separate rating for right knee instability is denied.

The Board has determined that the Veteran's current right knee disability had its onset in service and is related to his military service, granting service connection for this condition.

The Veteran's low back disability was not incurred in or aggravated during service and may not be presumed to have been incurred therein.,The Veteran does not have a bilateral knee disability.,The Veteran’s current bilateral hearing loss is likely due to post-military factors such as occupational noise exposure or presbycusis. The examiner did not provide an opinion regarding the etiology of his tinnitus.

The Board has remanded the claims for increased evaluations and TDIU due to inadequate examinations, and requests additional evidence or clarification from the Veteran.

The Veteran's right knee strain claim is remanded due to the need for a new examination and the availability of outstanding treatment records.

The Veteran's appeal for increased ratings for lumbosacral strain, right knee patellar tendonitis, and recurrent right ankle strain has been dismissed due to the Veteran's withdrawal of her appeals.

The Veteran's right knee scars are not compensable, and his major depressive disorder is rated at the maximum allowable level.,The Veteran has been granted a TDIU rating based on service-connected disabilities.

The Veteran's service-connected disabilities, including bilateral pes planus, left ankle talocalcaneal coalition with associated left tibialis posterior tendonitis, and other orthopedic conditions, render him unemployable prior to August 1, 2016.

The Board has remanded the claims due to insufficient evidence for service connection of various conditions, including a back disorder, sinus disorder, left shoulder disorder, right foot disorder, and knee disorders. The Veteran's assertions will be evaluated in conjunction with medical examinations.

The Veteran's claims for sleep apnea, coronary artery disease, hypertension, bilateral shoulder disability, neck disability, and left knee disability have been withdrawn. The Board has granted service connection for these conditions based on the continuity of symptomatology since the in-service motor vehicle accident.

The Veteran's right knee lateral instability is granted a separate 10% rating effective from November 23, 2018. The claim for an increased rating of the residuals of right medial meniscus repair with fibrosis and scar remains denied as there is no evidence of limitation of motion or other compensable symptoms. A temporary total disability rating for convalescence following surgery on August 31, 2011 is granted.

The Board has denied service connection for compression of spinal cord, epididymitis, right side, and abscess on vocal cord. The remaining issues are REMANDED for further development.

The Veteran's right knee disability claim is remanded for additional development, including a new VA examination and the identification of any outstanding treatment records.

The Board has remanded the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected residuals of traumatic brain injury (TBI). The issue will be reconsidered with consideration given to all service-connected disabilities, but not any other disabilities. Deliberation of whether referral for extraschedular TDIU is required prior to December 21, 2017 should also be considered.

The Veteran's service-connected disabilities are rated at 90 percent combined, and the Board finds that they preclude his participation in substantially gainful employment consistent with his education and work experience. A TDIU rating is granted.

The Veteran's service-connected disabilities meet the threshold schedular TDIU criteria, and doubt is resolved in his favor as to whether they prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's claim for service connection for a left knee disorder, to include as secondary to his service-connected right knee condition, is granted. The issue of an increased rating for residuals of the right knee is currently being developed by the RO.

The Board has remanded the cases due to inadequate opinions regarding the Veteran's migraine headaches and knee disabilities, specifically concerning functional loss during flare-ups and knee instability.