Knee decisions — 2019

The Veteran's claim for service connection for bilateral knee disability has been denied multiple times. The Board is remanding the case to allow for additional evidence and a new medical opinion.

The Veteran's claim for an extension of the temporary total disability rating from December 4, 2015 to January 31, 2016 is remanded due to lack of private physical therapy records.

The Veteran's service connection claims for chronic joint pain, bilateral ankle disabilities, elbow medial epicondylitis, shoulder degenerative arthritis, and wrist de Quervain's syndrome have all been denied. The Board found that the Veteran does not have a qualifying chronic disability manifested by joint pain due to military service in Southwest Asia as his poly-joint pain has been attributed to diagnosed disabilities.,The Veteran was unable to establish current diagnoses for bilateral ankle disabilities, elbow medial epicondylitis, and wrist de Quervain's syndrome. The Board found that the Veteran did not have a current disability of either ankle or wrists.

The Veteran's surviving child, the Appellant, does not qualify for survivor benefits due to her not meeting the statutory definition of a child as defined in 38 U.S.C. § 101(4)(A).

The Board has remanded the claim for a retrospective opinion regarding the impact of the Veteran's service-connected disabilities prior to May 24, 2013. The claim is also remanded due to outstanding VA Vocational Rehabilitation records that have not been considered.

The Veteran's service-connected disabilities have never prevented him from obtaining or maintaining a substantially gainful occupation, despite affecting his ability to work in various capacities.

The Veteran's claims for increased ratings and service connection were granted, but the rating for lateral instability of the left knee was denied. The claim for PFB was also granted.

The Board has granted service connection for hearing loss and tinnitus, but dismissed the appeal of service connection for chest pain and a right eye condition. The bilateral knee condition is remanded for further examination.

The Veteran's claims for service connection have been reopened, but the issues of entitlement to service connection for right and left knee disabilities, as well as bilateral shoulder disability, are being remanded due to outstanding VA treatment records and need for additional examinations.

The Board has remanded both claims of entitlement to an earlier effective date for TDIU and SMC based on the need for regular aid and attendance due to dependency with other pending claims.

The Veteran's right knee osteoarthritis was determined to have its onset during service, and the Board granted service connection for this condition on a direct basis.

The Veteran's claims for service connection were denied as new and material evidence was not received. The Board found that the Veteran did not submit any evidence to reopen his claims.

The Veteran's service connection claim for a psychiatric disorder was reopened, and he is now granted service connection for PTSD and major depressive disorder.,An effective date of August 1, 2013 has been assigned for the grant of service connection for his right knee disability.

The Board has remanded the cases due to insufficient medical opinions regarding whether the Veteran's current bilateral knee conditions are related to his time playing football in service.

The Veteran's use of back and knee braces for service-connected disabilities causes abnormal wear and tear on his clothing, warranting a clothing allowance for 2016.

The Board denied the Veteran's claims for service connection for right knee disability, right leg disability, bilateral hearing loss, and respiratory disability (COPD), finding no current diagnosis of these conditions and insufficient evidence to link them to service.

The Board has reopened the Veteran's claims for service connection for a thoracolumbosacral spine condition and a bilateral hip and leg condition (claimed as bilateral knee condition) associated with bilateral pes planus. The appeal is granted.

The Veteran was not shown to be permanently and totally disabled from nonservice-connected disabilities prior to December 8, 2017, and therefore his claim for pension benefits is denied.

The Board has remanded the claims of service connection for left and right knee disabilities, left and right carpal tunnel syndromes, and a claim for compensation under 38 U.S.C. § 1151 for hepatitis C at a VA Medical Center due to incomplete records and the need for new examinations.

The Veteran's tinnitus and PTSD were granted service connection, while his bilateral hearing loss and knee disability were denied. The left shoulder disability was restored to a 20% rating.