Knee decisions — 2019

The Veteran's right knee disorders are being remanded for further examination and opinion to determine their etiology, as the Board notes that VA has not properly applied the standards in determining whether either of his diagnosed right knee disorders existed prior to service and was aggravated during service.

The Veteran's claims for a higher rating and an earlier effective date for his right knee disability are being remanded due to the need for additional examinations and evaluations.

The Board denied service connection for various conditions, including arthritis (claimed as gout), muscle and joint pains, left shoulder disability, left elbow disability, left wrist disability, lumbar spine disability, neck disability, left knee disability, bilateral foot disability, bilateral eye disability, dizziness, headache disability, and tinnitus. The Veteran's claim was remanded for further action on some issues.

The Veteran's claims for initial compensable ratings for right knee arthritis and sinusitis are being remanded due to the need for additional medical examinations to assess the current severity of her service-connected conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations.

The Board has decided to remand the case due to incomplete opinions from a VA examiner and PEB regarding the appellant's left knee disability. The Veteran needs to be examined by a qualified clinician to determine if his left knee disability was incurred during ACDUTRA or permanently aggravated beyond its normal progression.

The Veteran's right knee disability has been rated at 10 percent since May 2014. The Board finds that the April 2016 VA examination is inadequate and invalid for rating purposes due to the presence of a knee brace, which limits the Veteran's range of motion. Therefore, a new VA examination without the knee brace is necessary.

The Veteran's claim for a higher rating for his right knee disability is denied prior to June 26, 2017. A separate 10 percent rating is granted as of June 26, 2017, and the maximum schedular rating (40 percent) is assigned thereafter.

The Veteran's appeal is remanded for additional development to obtain missing VA treatment records, SSA records, and private treatment records. A VA examination is also needed to determine the nature and etiology of GERD, as well as an addendum opinion regarding his claimed bilateral knee disorder.

The Veteran's increased ratings for bilateral hearing loss and left knee disability were denied. The rating for bilateral hearing loss was found to be in accordance with the schedular criteria, while the rating for left knee disability was based on the effective date error.

Service connection for a stomach condition, to include an ulcer and gastritis is granted. Service connection for right hip disorder, right knee disorder, right foot disorder, and left ankle disorder are remanded.

The Board has determined that the Veteran's right knee arthritis is related to her service, and thus grants her claim for service connection.

The Veteran's low back, left knee, and right knee disabilities are granted service connection. The initial rating for PTSD with alcohol use disorder, neurocognitive disorder due to TBI, and unspecified personality disorder is denied.

The Veteran's bilateral knee osteoarthritis is granted as service connected due to a combat injury during active duty.

The Veteran's service-connected right and left knee arthroplasty resulted in a 60% rating, effective from the date of the decision.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and incomplete addendum opinions.

The Veteran's claims for increased ratings and earlier effective dates for left knee disability and bilateral hearing loss were denied. The Board found that the evidence did not warrant a higher rating or an earlier effective date.

The Board has remanded several issues related to the Veteran's service connection claims, including for TBI, Alzheimer’s disease, headaches, low back disability, left knee disability, right knee disability, right ankle disability, and heart disability. The hearing loss claim is also being remanded.

The Board denied the Veteran's claims for service connection for a left knee disability and obstructive sleep apnea (OSA) due to lack of new and material evidence, as well as insufficient medical evidence linking these conditions to service.

The Board has remanded the claims for service connection due to new evidence submitted by the Veteran, and also requested additional information regarding his periods of active duty. The Veteran is also required to undergo a VA examination to determine the nature and etiology of his lumbar spine disability, left knee disability, pulmonary disability, heart disability, Parkinson’s disease, and obstructive sleep apnea.