Knee decisions — 2019

The Board has remanded the claims for right knee arthritis, left knee arthritis, right ankle arthritis, and right hip arthritis to obtain additional private treatment records. The claim for service connection for degenerative changes in the lumbar spine is also being remanded.

The Board has remanded the case due to inadequate examination regarding whether the Veteran's left knee disability is caused or aggravated by his service-connected right knee disability.

The Veteran's appeal is denied as there is no evidence that his February 2013 left knee surgery required at least one month of convalescence or that any medical professional directed him to restrict his post-surgical activities based on the procedure.

The Veteran's petition to reconsider the claim of entitlement to service connection for a psychiatric disability is granted. The appeal is granted to this extent only, and other claims are remanded.

The Board has determined that the Veteran's current right knee disability, diagnosed as horizontal tear of medial meniscus posterior horn with joint effusion, does not meet the criteria for service connection. The issues related to his right elbow contracture, cervical strain, lumbar strain, and left lower extremity radiculopathy are remanded for further development.

The Veteran's appeal for service connection for residuals of a bronchogenic cyst, post-operative is dismissed. The claim to reopen for a right knee disability has been granted and the Veteran now has a 70 percent rating for PTSD effective December 27, 2010. TDIU was also granted beginning December 27, 2010.

The Veteran's appeal for a compensable evaluation for bilateral hearing loss was dismissed. The Board granted a TDIU rating effective April 11, 2014.

The Veteran's need for aid and attendance was established on December 18, 2017, leading to the grant of an improved pension effective that date.

The Board granted the Veteran's claim for sleep apnea, but remanded the issue of reopening his claim for a left knee disability.

The Veteran's left and right knee disabilities are granted as secondary to service-connected conditions.,The Veteran's right ear hearing loss is granted. The Veteran's left and right hip disabilities are denied.

The Veteran's service-connected disabilities, including his psychiatric disorder and degenerative joint disease of the lumbosacral spine, have been sufficiently disabling to render him unable to maintain substantially gainful employment consistent with his education and occupational background.

The Board has remanded the claims for service connection for right elbow and right knee disabilities due to new evidence received since the final denial. The issues of left ankle and right ankle disabilities are also being remanded.

The Board has determined that additional medical records from the Social Security Administration (SSA) are needed to properly assess the Veteran's claims for service connection. The AOJ must ensure that the examiner’s nexus opinions correspond with the examination report of the joint being addressed.

The Board has dismissed the appellant's claims for service connection for hypertension and diabetes mellitus as he withdrew his appeals on these issues.,The petition to reopen the claim for service connection for an acquired psychiatric disorder is granted, but the specific diagnosis of PTSD or MDD must be determined through a VA examination.

The Board has granted a TDIU on an extraschedular basis, finding that the Veteran's service-connected disabilities render him unemployable. The claims for increased ratings and separate rating were not addressed in this decision.

The claim of entitlement to service connection for a right knee disability is reopened, but the appeal is remanded due to insufficient evidence regarding whether the pre-existing condition was aggravated during service.

The Board has granted service connection for left knee degenerative arthritis and right ankle degenerative arthritis as secondary to the Veteran's service-connected right knee meniscus tear with degenerative arthritis.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations and lack of attempts to obtain treatment records from incarcerated facilities.

The Veteran's claim for an increased disability rating for his service-connected acquired psychiatric disorder was denied, as the evidence did not meet the criteria for a higher rating.,Service connection for right and left knee conditions were also denied. The Veteran's right and left knee conditions are not considered secondary to his service-connected lumbar spine disorder or related to any in-service injury.

The Board has remanded the case due to a need for a more comprehensive medical opinion regarding whether the Veteran's migraine headaches are secondary to his service-connected left knee meniscal tear and if so, whether it is at least as likely as not that the use of morphine caused or aggravated his migraines.