Knee decisions — 2019

The Veteran's right knee disability is currently rated as 10 percent disabling. The Board has determined that the VA examination report from August 2014 does not comply with the requirements in Sharp v. Shulkin and Correia, and thus remands for a new examination.

The Veteran's claims for effective dates prior to July 31, 2006 and service connection were denied. The Board found that there was no factually ascertainable increase in the Veteran’s hemorrhoids within a year of her claim, and that she did not submit a formal or informal claim for bilateral pes planus with plantar fasciitis, gastroenteritis with fundic gland polyp, or left knee scars prior to July 31, 2006. The effective dates assigned were the date of receipt of claims.,The Veteran's initial rating in excess of 30 percent for bilateral pes planus and her initial compensable rating for left knee scars were denied. The Board found that there was no factually ascertainable increase in the Veteran’s bilateral pes planus with plantar fasciitis within a year of her claim, and that she did not submit a formal or informal claim for gastroenteritis with fundic gland polyp or left knee scars prior to July 6, 2004.

The Veteran's claim for service connection for right knee DJD, to include as secondary to his service-connected left knee disabilities, has been granted. The appeal was also remanded for the issue of entitlement to service connection for the cause of the Veteran’s death.

The Veteran's appeals for service connection for right hip and knee disabilities, as well as an acquired psychiatric condition have been dismissed. The appeal for a rating in excess of 20 percent for residuals of post traumatic myopathy of the left anterior chest wall is remanded. The appeal for TDIU is also remanded due to its interrelation with other claims.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of active service, ACDUTRA, and INACDUTRA. The Veteran is also required to undergo a VA examination to determine the nature and etiology of his left knee disability.

The Veteran's increased disability ratings for his instability and limitation of motion in his left and right knees are being remanded due to the lack of compliance with recent court rulings on assessing functional loss.

The Veteran's claims for increased ratings for his left knee and back disabilities are being remanded due to the need for updated treatment records and a new examination.

The Board has remanded the Veteran's claims for bilateral shoulder disability, bilateral knee disability, and bilateral hearing loss due to insufficient examination reports and a need to review all available evidence.

The Board has reopened the Veteran's claim for service connection of a right ankle disorder and remanded his claims for increased ratings on left knee and left ankle disabilities, as well as entitlement to TDIU. The Veteran needs to undergo VA examinations for these issues.

The Veteran's claims for increased ratings for bilateral knee disabilities are remanded due to an inadequate October 2018 VA examination. A new examination is needed that includes information about flare-ups and estimates any functional impact, including the point at which painful motion begins during range of motion testing.

The Veteran's low back and right knee disabilities, as well as bilateral hearing loss and erectile dysfunction, are currently rated at the maximum allowable under VA regulations. The Board has found that additional evidence is needed to determine whether service connection should be granted for left knee disability secondary to right knee and low back disabilities, or for right foot disability secondary to same conditions.

The Board has determined that the Veteran's right knee, bilateral ankle, and left leg neuropathy claims require additional examination to determine their etiology. The Veteran's residuals of tibia and fibula fracture with degenerative joint disease of the left knee claim also requires a new VA examination for an accurate assessment.

The Veteran's appeals for increased ratings were dismissed, and a TDIU was granted. The left knee disability is rated at 30 percent from November 9, 2018.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the Veteran had moderate instability of his right knee prior to September 12, 2018, but not severe enough to warrant a higher rating under Diagnostic Code 5257. A separate 10 percent rating is granted for symptomatic removal of semilunar cartilage. TDIU on an extraschedular basis was also remanded.

The Board has remanded the case due to issues with right wrist carpal tunnel syndrome and sleep disorder/teeth grinding. The rating for right knee chondromalacia patella remains at 10 percent.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as his non-service connected back injuries and DVT of the left leg also contributed to his unemployment.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's service-connected lumbar spine and pes planus disabilities aggravated his bilateral knee disabilities.

The Board has determined that the claims for service connection, increased evaluation, and TDIU are remanded due to inadequate or incomplete opinions in the prior VA examinations.

The Board has denied the Veteran's claims for service connection for headaches, right knee disability, and right foot disability. The case is being remanded to obtain additional medical opinions regarding the nature and etiology of these disabilities.

The Board denied the Veteran's claims for service connection for left knee disability, left ankle disability, and tinnitus due to lack of evidence showing a nexus between these conditions and his military service.