Knee decisions — 2019

The Veteran's claim for an initial rating greater than 10 percent for a right knee strain was denied, and the effective date of service connection for his right knee strain was also denied. The Board found that the Veteran did not meet the criteria for an increased rating under any applicable codes due to limited flexion with painful motion. For the effective date claim, the Board determined that the earliest possible effective date provided by law was assigned.

The Board has remanded several claims for service connection due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's claims for service connection for bilateral knee and ankle disabilities have been remanded due to new evidence received since the final February 2008 Board decision. The appeal is also remanded for initial rating determinations on other service-connected conditions.

The Board has remanded the Veteran's claims for service connection for a right knee condition, COPD, and a right hip condition as secondary to his service-connected fracture of the left femur. The appeals are pending further review.

The Veteran's DJD of the left knee has been rated at 20 percent, but his condition does not warrant a higher rating as there is no evidence of ankylosis, dislocated or removed cartilage, tibia or fibular impairment, genu recurvatum, or instability. The pain and functional loss do not meet criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection for right arm and left knee disabilities due to inadequate medical opinions and the need for further development.

The Veteran's combined disability rating from July 11, 2012, through August 8, 2017, was accurately assigned as 80 percent due to the service-connected conditions. The appeal for a higher rating is denied.

The Board has remanded the Veteran's claims for increased ratings for his service-connected knee disabilities due to incomplete examination findings and new evidence not yet reviewed by the AOJ.

The Board has remanded the claims for service connection for left foot and right foot disabilities due to insufficient information in the record regarding these conditions.

The reduction in rating for the Veteran's left knee degenerative arthritis was improper, and her rating has been restored to 30 percent effective December 1, 2012.

The Veteran's appeals for increased ratings for post-operative residuals of a right ankle injury, traumatic arthritis of the right knee, degenerative arthritis of the left knee, and total left knee replacement have been denied. The maximum schedular rating has already been awarded for each condition.

The Veteran's claim for service connection for a right knee disorder is being remanded due to the need for additional medical examination and consideration of new evidence. The case will be reopened, but further investigation into the nature and etiology of any diagnosed conditions is required.

The Veteran's claims for service connection of an acquired psychiatric disability and residuals of a traumatic brain injury are remanded due to the need for additional development.

The Board has found that the Veteran's claims for higher ratings on neck disability, right knee disorder, PTSD, sinusitis, and hypertension are in need of further development due to the possibility of worsening since his last VA examinations. The TDIU claim is also remanded as it is intertwined with these rating claims.

A separate 20 percent rating for moderate lateral instability of the left knee is granted effective from May 4, 2018. An initial rating in excess of 10 percent for left knee strain remains denied.

The Board has decided to remand the Veteran's claims for higher initial ratings for his service-connected left shoulder degenerative changes, right shoulder degenerative changes, and left knee jumper's syndrome due to inadequate examinations and outstanding VA treatment records.

The Veteran's claims for service connection for various conditions, including PTSD, were denied. The Board found that the evidence did not support a finding of an in-service stressor and that the preexisting scars on the left arm and knee were not aggravated by service.,There is no indication of any exposure to Agent Orange or Camp Lejeune, and there are no findings regarding any other presumptive conditions.

The Veteran's claims for service connection for back, left knee, and right knee disabilities have been reopened. The Board has determined that new and material evidence has been received to reopen the claims.,The Veteran's claim for service connection for sleep apnea remains remanded as there is insufficient medical opinion regarding its etiology.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to October 13, 2011.

The Board denied an initial rating in excess of 40 percent for the appellant's low back disability, granted a 40 percent rating for right lower extremity radiculopathy, and denied ratings for other conditions.