Knee decisions — 2019

The petition to reopen the previously denied claim of entitlement to service connection for asthma is granted. The claims for service connection for left and right shoulder, wrist, hip, ankle, and knee disabilities are remanded.

The Veteran's appeal to reopen a claim of service connection for bilateral hearing loss is granted. Service connection for bilateral hearing loss is also granted. The appeals seeking service connection for left knee arthritis, right knee arthritis, and hydrocele of the left testicle are dismissed. A disability rating of 20 percent (but no higher) for a shell fragment wound of the neck is granted.

The Board has remanded the Veteran's claims of increased ratings for left and right knee DJD, as well as his claim for a TDIU due to service-connected lumbar spine DJD. The remand is in response to deficiencies in the VA examinations conducted.

The Veteran's appeals for increased ratings and TDIU were denied as his right knee conditions did not warrant higher disability ratings based on the evidence of record.

The Board has determined that further action is needed to obtain VA examinations for the Veteran's knee disabilities and PTSD. The claims are being remanded to allow for these examinations.

The Board has decided to remand the case due to the need for additional development, including a new VA examination to address potential aggravation of the right knee disability by the service-connected left knee disability and whether the claimed right knee disability is proximately due to or aggravated by the service-connected left knee disability.

The Board dismissed the appeals for service connection for right elbow strain, left hip sprain, bilateral knee sprain, hearing loss, seasonal allergic rhinitis, and pneumonia (claimed as bronchitis). The appeal for service connection for a lumbar spine disorder was granted.

The Veteran's chronic sinusitis was granted service connection. The remaining issues were remanded for further development.

The Veteran's service-connected disabilities have prevented him from securing or maintaining substantially gainful employment throughout the period on appeal.

The Board has remanded the case due to insufficient examination regarding the etiology of the Veteran's right knee disabilities, specifically whether they are secondary to her service-connected left knee disability.

The Veteran's service connection claims for various conditions have been granted. The appeal as to the claim of service connection for burn scars of the right forearm and face is moot, and the claim is dismissed for lack of jurisdiction.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral knee disability or left shoulder pain, and thus service connection for these conditions is denied. The issues of entitlement to an initial evaluation in excess of 10 percent for asthma and service connection for left shoulder pain secondary to cervical spine disability are remanded.

The Veteran's low back and bilateral knee disabilities are granted as service-connected, with a rating of 30%.

The Veteran's tinnitus and headaches are granted service connection. The claims for hypertension, left knee disorder, right knee disability, GERD, PTSD, increased ratings, and TDIU are REMANDED.

The Veteran's bilateral knee disability is remanded for a VA examination to determine if it is related to his service or any in-service disease, event, or injury.

The Board has remanded the claims for service connection for tinnitus, acne, left knee disorder, right knee disorder, venous insufficiency of the left lower extremity, and venous insufficiency of the right lower extremity due to incomplete development.

The Board has remanded the Veteran's claims for left knee strain/anterior tibialis muscle hernia and right knee condition, as secondary to the left knee condition. The claims are currently on hold due to outstanding VA records and a pending DRO hearing request.

The Board denied the Veteran's claim for an effective date earlier than January 6, 2014 for the award of increased ratings for service-connected lumbar spine, left lower extremity sciatic radiculopathy, right knee, and left lower extremity varicose vein disabilities. The evidence showed a factually ascertainable increase in severity on or before January 6, 2014, but no earlier effective date was granted as there was no medical evidence of increased severity within the year prior to the claim.

The Board denied the Veteran's claim for service connection of a right knee disorder, finding that there is no evidence linking his current condition to his military service.

The Board has reopened the Veteran's claims for service connection for an ear disorder and a right knee disability due to new and material evidence. The cases are remanded for further development, including obtaining private medical records and scheduling VA examinations.