Knee decisions — 2019

The Veteran's service-connected disabilities, including gout affecting his ankles and knees, obstructive sleep apnea, lumbosacral degenerative discogenic disease, hypertension, eczema, left occipital neuralgia, plantar fasciitis of the left heel, osteoarthritis of the left first metatarsophalangeal joint, right thumb residual fracture fragmentation, internal hemorrhoids, and status post neoplasm excisions of the large intestine, are found to be so severe that they prevent him from securing or following substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for a right knee disability, finding that the Veteran's current condition began during his active military service and is related to his combat experience as an Army paratrooper.

The Veteran's service connection claim for tinnitus is granted. The Board finds that the Veteran has a current diagnosis of tinnitus and credible lay statements regarding in-service noise exposure, leading to an award of service connection. For his right knee disability, the Board finds the need for a new VA examination.

The Board has dismissed the appeals for service connection for various conditions claimed as resulting from exposure to herbicides, including diabetes mellitus, osteoarthritis, bilateral hand disability (dupuytren’s contracture), blindness of the left eye, tinea pedis, hiatal hernia with gastric nodule and erosive duodenopathy, bilateral leg pain, bilateral arm pain, and bilateral foot pain. The appeals were dismissed due to the Veteran's death.

The Board denied the Veteran's claims of service connection for right knee osteoarthritis, right foot degenerative arthritis with hallux valgus, bilateral cataracts with dry eye syndrome, and a right eyelid scar. The Board found that there was no evidence linking these conditions to service.

The Board has granted service connection for a right knee disability, but the issues of left knee and acquired psychiatric disorder remain pending.

The Board has decided to remand the case due to insufficient examination regarding the nature and etiology of the Veteran's right knee disability, as well as whether it is related to service or her service-connected residuals of left ankle fracture.

The Veteran's TDIU claim is being remanded for extraschedular consideration due to his service-connected right knee disability.

The Veteran's appeal to reopen his service connection claim for a respiratory disability was denied.,The Veteran's appeal to reopen his service connection claim for a lower back disability was denied.,The Veteran's right knee disability is now granted, but the decision does not address whether it is related to service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, lumbar spine disability, left hip disability, right hip disability, and both knees. The evidence did not establish a link between these conditions and his military service.

The Board has restored the prior ratings for bilateral pes planus and knee strains as they found that there was no material improvement in the Veteran's ability to function under ordinary conditions of life and work, thus finding the reduction improper.

The Veteran's claims for special monthly compensation and 38 U.S.C. § 1151 benefits are remanded due to the need for clarification of the relationship between his lithium use and the occurrence of his claimed symptoms, as well as a determination on the propriety of the use of lithium in this particular case.

The Veteran would have been in receipt of a TDIU for at least 10 years preceding his death due to service-connected PTSD, had the effective date of his TDIU not been incorrectly assigned. The Board has now granted entitlement to DIC benefits under 38 U.S.C. § 1318.

The Veteran's application to reopen a previously denied claim for service connection for depression has been granted. The appeal for other psychiatric and orthopedic conditions is remanded.

The Board has determined that additional medical opinions are needed to determine the etiology of the Veteran's back and right knee disabilities, as well as the current severity of his left knee disability. The claims for service connection and increased rating will be remanded.

The Board has remanded the Veteran's claims for service connection for various foot, shoulder, elbow, wrist, hip, knee, and ankle disabilities due to inadequate VA examinations. The new examinations must address whether these conditions are related to service or a service-connected disability.

The Veteran's petition to reopen claims for service connection for various conditions, including a right knee disability and PTSD, was denied. The Board found no new and material evidence to support reopening these claims.,Service connection for fibromyalgia, left knee disability, sleep apnea, and bilateral hearing loss were also denied.

The Board is remanding the case to obtain a medical opinion regarding whether rheumatoid arthritis was proximately caused or aggravated by left knee osteoarthritic changes, including any medication used for treatment.

The Board has previously remanded the case to obtain service treatment records from Beale Air Force Base for the Veteran's left knee and back disabilities. The AOJ made multiple attempts but failed to locate these records, leading to a remand for further efforts.

The Veteran's bilateral plantar fasciitis, left knee tendonitis/tendinosis, and right knee tendonitis/tendinosis have been granted an initial disability rating of 30 percent each effective January 8, 2014.