Knee decisions — 2019

The Veteran's service connection claims for his left and right knee conditions are remanded. The Veteran's cervical spine strain with DDD claim is also remanded.

The Board denied increased ratings for the Veteran's left hip disorder and left knee degenerative joint disease, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has granted an effective date of July 29, 2011 for the grant of service connection for right knee instability.

The Board has remanded the cases due to conflicting ratings and need for clarification. The Veteran's right knee disability is currently rated at 20 percent for instability, and 10 percent for painful motion. His left knee disability needs further examination to determine its current severity.

The Veteran's claims for service connection for various disabilities, including sleep apnea, left shoulder and knee disabilities, and an intestinal disability, are being remanded due to the need for additional examinations.

The Board has denied the Veteran's claims for service connection for right knee, neck, low back, and left hip disabilities due to a lack of evidence showing a relationship between these conditions and his active military service.,There is no medical evidence or lay testimony indicating that any of the Veteran’s current disabilities are related to his time in service.

The Board has remanded the case due to insufficient development and failure to comply with previous directives. The Veteran is asked to provide authorization for Vet Center treatment records from November 2018 to the present.

The Veteran's claim for a higher rating for left knee instability is denied as the evidence does not show that his condition most nearly approximates severe instability.

The Veteran's claims for increased ratings, initial compensable rating, and initial rating in excess of 10 percent were dismissed due to the death of the Veteran. Service connection claims were also dismissed.

The Veteran's left knee disability, including a torn anterior attachment of the medial meniscus and degenerative arthritis, warrants a separate 20 percent rating for cartilage/meniscus damage consistent with frequent findings of locking and pain. The increased rating for residuals of a left torn anterior attachment of the medial meniscus is denied.

The Veteran's left knee disability is denied as there is no evidence of a current disability during the pendency of the claim.,The Veteran's right knee disability, including as secondary to his left knee condition, is denied due to lack of service-connected disability and insufficient evidence linking it to service or a service-connected disability.,The Veteran's bilateral hearing loss is denied as there was no in-service event, injury, or disease, and the August 2017 private provider opinion is inadequate.,The Veteran's tinnitus is denied due to lack of an in-service onset and insufficient evidence linking it to service.,The Veteran's kidney disability is denied as there is no evidence of a current disability during the pendency of the claim.

The Board has denied the Veteran's claim for service connection for a left knee disability, finding that there is no competent and credible evidence of chronic knee problems since his inservice leg injury. The Board considered the VA examiner's opinion and found it persuasive.

The Board has remanded the Veteran's claims for service connection for bilateral knee and back disabilities due to a lack of documentation in his service treatment records, specifically noting that VA was unable to obtain them. The Veteran contends he is entitled to service connection based on injuries sustained as a parachutist during service.

The Board has decided to remand the cases for further examination and opinion regarding service connection for left foot hallux rigidus, with hammertoes; residuals of a right hip replacement with residual scar; and right knee degenerative joint disease with residual scar.

The Board has restored the Veteran's 10 percent disability rating for left knee Osgood Schlatter’s disease, effective January 26, 2016. The decision was based on a finding that the July 2016 reduction of the disability rating did not comply with applicable regulations and thus was void ab initio.

The Board denied the Veteran's motion for reversal of the May 1, 2003 rating decision that granted service connection and assigned a combined 10 percent evaluation for lumbar spine spondylosis and bilateral knee osteoarthropathy and chondromalacia patella on the basis of clear and unmistakable error (CUE). The Board found no CUE in the May 2003 rating decision.

The Veteran's claims for service connection of bilateral pes planus, right foot and toe cold weather injury (frostbite), hypertension, and muscle spasm with leg cramps to the right quad affecting the right knee are being remanded due to procedural errors.,The Veteran is not entitled to a compensable rating for left ear hearing loss.

The Veteran's PTSD is rated at a 50 percent rating prior to December 2012 and a 70 percent rating from December 2012 onwards. The right knee injury case has been remanded for further development, including an updated VA examination. The TDIU claim is also remanded as it is inextricably intertwined with the right knee issue.

The Board has remanded the cases for additional development and examination, as there are outstanding private treatment records and a need for an additional VA psychiatric examination.

The Board denied initial ratings greater than 10 percent for the Veteran's bilateral knee disabilities, finding that her range of motion did not meet criteria for higher ratings.