Knee decisions — 2019

The Board found that a rating in excess of 50 percent for obstructive sleep apnea is not warranted and remanded the issues related to left knee strain, unspecified depressive disorder, shin splints, maxillary sinusitis, allergic rhinitis, hypertension, and tinea corporis. The Veteran's service connection claims are pending.

The Board has denied service connection for left knee, right knee, and tinnitus disabilities. The Veteran's claims for service connection for left shoulder and bilateral foot/ankle disabilities are remanded.,Service connection cannot be granted for the Veteran's claimed left knee, right knee, and tinnitus disabilities due to lack of a current disability diagnosis or evidence of in-service injury or disease. The Board has also denied service connection for his left shoulder and bilateral foot/ankle disabilities as there is no evidence of an in-service event, injury, or continuous symptoms since service.

The Board has remanded the Veteran's claims for service connection for a left knee condition, hypertension, and right knee condition (secondary to a left knee condition) due to unclear pre-service status of these conditions and inextricability with the right knee claim.

The Veteran's claim for a rating in excess of 30 percent for post-TKA right knee disability is remanded due to inadequate examination and missing VA treatment records.

The Veteran has withdrawn his appeal for all issues, including the claims for higher ratings for various conditions and a TDIU. As a result, the Board does not have jurisdiction to review these matters.

The Board denied reopening of the claim for service connection for a right knee disability due to lack of new and material evidence, as the Veteran's previous denial was based on the absence of in-service right knee disease or injury. The only new evidence submitted since the May 2015 rating decision is the November 2014 Physician Certification for Family and Medical Leave.

The Board has granted service connection for right ankle, left ankle, and right knee disabilities. Service connection for an acquired psychiatric disorder (depressive disorder NOS) is also granted.

The Veteran's bilateral hammer toes with tyloma (callus) formation is attributable to his active service. The Board finds that an opinion that a condition is not related to service for no other reason than because the condition was not diagnosed in service is contrary to governing evidentiary standards. Therefore, the Board finds that the February 2016 VA medical opinion has less probative weight.

The Board has denied service connection for left knee tenosynovitis and remanded the claims for lumbosacral (back) disability, cervical (neck) disability, and bilateral hearing loss due to lack of nexus between current conditions and active service.

The Veteran's right knee disability, including removal of semilunar cartilage and scars, is rated at a 10 percent effective from March 31, 2011. The tricompartmental chondromalacia right knee with post-surgical repair of anterior cruciate ligament remains rated at 20 percent.

The Board has granted service connection for bilateral patellofemoral syndrome (PFS) of the left and right knees, finding that it is related to the Veteran's active duty as a mechanic.

The Board has dismissed the issue of entitlement to a compensable initial rating for scars of the right shoulder and upper back. The issues of entitlement to service connection for left middle finger disability, right little finger disability, right shoulder degenerative joint disease, gastroesophageal reflux disease (GERD), and left knee strain are REMANDED.

The Board denied the Veteran's claims for service connection for left knee arthritis, right knee arthritis, chronic low back pain with degenerative changes, left calcaneal osteophytosis, and right calcaneal osteophytosis. The appeals were also denied for increased ratings in excess of 20 percent for chronic low back pain with degenerative changes and in excess of 10 percent for left and right calcaneal osteophytosis.

The Board denied service connection for left and right knee disabilities, tinnitus, and hypertension. The claims were based on direct evidence of the conditions in question.

The Board has granted the Veteran's claims to reopen her service connection for a cardiac disability and diabetes mellitus, but denied her claim for service connection for a left knee disability due to lack of evidence linking the current condition to an in-service injury or disease.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for right hip osteoarthritis and granted increased ratings for left knee, right knee, and right ankle disabilities. The claim for secondary service connection for a low back disability was remanded.

The Board denied service connection for low back disability, radiculopathy of the right and left lower extremities as secondary to a low back disability, and patellofemoral pain syndrome of both knees. The Board found that there was no evidence linking these conditions to service.

The Board denied the Veteran's claim for service connection of a left knee disability, finding that there was no evidence linking it to his military service or any service-connected conditions. The decision is final.

The Board denied service connection for right hip pain, left knee RPPS, and TBI due to the lack of current clinical diagnoses. The Veteran's symptoms were noted during service but did not result in a diagnosed disability.