Knee decisions — 2019

The Board has denied service connection for bilateral hearing loss disability due to lack of evidence showing in-service noise exposure. The Veteran's heart, uterine cancer with hysterectomy, follicular non-Hodgkins Lymphoma, skin cancer, and bilateral knee disabilities are pending further examination and evaluation.

The Board has determined that additional evidence is needed to determine the nature and etiology of any current or previously-diagnosed back disorder, acquired psychiatric disorder, left shoulder disorder, left knee disorder, neck disorder, right shoulder disorder, left hip disorder, right hip disorder, and right knee disorder. The Veteran's service treatment records indicate symptoms related to these conditions during his period of active duty.

The Veteran's vertigo is service connected, but his bilateral knee disorder and sleep disorder with insomnia are not. The Board has ordered additional examinations to determine the nature of these conditions.

The Board has remanded the issues of entitlement to service connection for right shoulder disorder, low back disorder, right knee disorder, and chronic sinusitis due to insufficient evidence in the record.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea to include as secondary to PTSD, but denied all other claims due to lack of evidence supporting these conditions. The tinnitus rating remains at 10%.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has determined that more contemporaneous examinations are needed for the Veteran's service-connected lumbar spine, bilateral knee, bilateral lower extremity neuropathy, and right foot plantar fasciitis disabilities. Additionally, the TDIU claim is inextricably intertwined with the increased rating claims.

The Board has denied the Veteran's claims for service connection for a bilateral foot disability, right hip disability, and bilateral knee disability. The claim for low back disability is remanded as there is insufficient evidence to determine its nature or etiology.

The Veteran's combined disability rating is calculated at 91 percent, which exceeds the required threshold for a TDIU. The RO must provide another VA Form 21-8940 to the Veteran and adjudicate his entitlement to TDIU.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of current hearing loss disability.,The Veteran's tinnitus is currently rated at the maximum schedular rating (10%) and a higher initial rating is not warranted under VA regulations.

The Veteran's claims for secondary service connection are remanded as the VA examiners did not adequately address whether her current disabilities were caused or aggravated by her service-connected left ankle disability.,The Veteran is seeking to establish that her cervical spine, right hip, bilateral knee, and right leg (claimed as leg length inequality) disabilities are related to her service-connected left ankle disability. The Board finds the VA examiners' opinions inadequate in this regard.

The Veteran's service connection claims for bilateral hearing loss and a left knee disability were denied. The Board found no evidence of a hearing loss disability in either ear, thus denying service connection for bilateral hearing loss. For the left knee disability, the Board noted that while the Veteran reported pain and stiffness, his range of motion was not limited to less than 30 degrees, which is required for a higher rating.

The Board has decided to remand the case due to the need for additional medical opinions regarding the Veteran's left knee condition.

The Board has reopened the claims for service connection for a left knee disorder and low back disorder, as secondary to service-connected right knee disability. However, the claim for service connection for a bilateral lower extremity neurological disorder is remanded due to lack of an opinion on its etiology.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeals.

The Board has determined that additional development is needed to obtain missing VA treatment records and SSA disability benefits records, as well as to provide the Veteran with a comprehensive examination regarding her knee disorders and acquired psychiatric disorder. The issues of service connection for bilateral knee DJD and an acquired psychiatric disorder are being remanded.

The Veteran's claim for an increased rating for his left knee was denied, with the exception of a grant of a 10 percent rating for left knee laxity effective November 6, 2017.,The Veteran's claim for a compensable rating for left knee strain (flexion) prior to December 8, 2017; and a rating higher than 10 percent thereafter was remanded.

The Board has remanded the Veteran's claims for service connection due to new evidence received after May 2016. The claims will be reviewed again and a Supplemental Statement of the Case (SSOC) must be issued.

The Veteran's sleep apnea, hypertension, and bilateral knee disability are granted as secondary to his service-connected lumbar spine degenerative changes. He is also awarded a higher initial rating for his lumbar spine degenerative changes.

The Board has decided to remand the Veteran's claim for service connection for a left knee disability, as secondary to her service-connected right knee patella femoral syndrome due to conflicting evidence in her treatment records and VA examinations.