Knee decisions — 2019

The Board denied the Veteran's claims for service connection of right knee disorder, left knee disorder, right ankle disorder, and sinusitis due to lack of new and material evidence. The reduction in disability rating from 10% to noncompensable for hearing loss was also upheld.

The Veteran's appeals for service connection and initial evaluations for various foot, knee, shoulder, and skin conditions have been remanded due to the need for additional medical examinations.

The Board denied the Veteran's claims for service connection for bilateral knee disorders, respiratory disorder manifested by difficulty breathing, obstructive sleep apnea (OSA), heart disease, diabetes mellitus, type II, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and posttraumatic stress disorder with depressive disorder NOS. The decision also remanded several issues for further review.

The Veteran's acquired psychiatric disability, to include PTSD, is as likely as not caused by his service-connected residuals of cerebrospinal meningitis. Service connection for an acquired psychiatric disability (to include PTSD) as secondary to service-connected residuals of cerebrospinal meningitis has been granted.

The Veteran's right knee disability is granted a 10% rating prior to April 18, 2010 and denied any higher. The low back disability is granted up to 20% prior to January 19, 2007 and denied any higher since then.

The Veteran's left knee surgery for osteoarthritis resulting from service-connected arthritis is granted a temporary total rating of 100% for one year following the procedure.

The Veteran's claim for service connection for left knee condition is granted, but the condition itself is not related to his active military service.

The Veteran's appeal for an increased rating for mood disorder and TDIU determination was denied. The Board found that the symptoms did not meet criteria for a higher 100% rating, but also noted that he met the schedular criteria for TDIU based on his combined service-connected disability rating of 80%. However, it was determined that he is not precluded from gainful employment due to his service-connected disabilities.

The Board denied service connection for bilateral patellofemoral pain syndrome, but granted service connection for post-traumatic stress disorder. The decision is mixed as one issue was granted and the other was denied.

The Veteran's service-connected disabilities alone are not found to be of sufficient severity to produce unemployability, and he is currently working full time as an aviation inspector.

The Board has determined that the Veteran's claims for higher ratings for his service-connected right knee, left knee, right hip, and left hip disabilities require additional examinations to comply with VA examination regulations. Additionally, the TDIU claim is remanded due to its inextricability from the increased rating claims.

The Board denied the Veteran's claim for service connection for her right knee disability, finding that there was no direct evidence linking it to her military service and insufficient evidence supporting a secondary service connection due to her right hand disability.

The Board has decided to remand the Veteran's claims for service connection due to inadequate opinions in his July 2016 VA examination.

The Board has decided to remand several service connection claims due to inadequate notice and the need for additional medical examinations.

The Board has decided to remand the Veteran's claims for increased ratings for left knee and left ankle disabilities due to the need for updated VA examinations.

The Veteran's lumbar spondylosis was rated 10% prior to February 11, 2015 and not higher. The effective date for the assignment of a 20% disability rating is denied.,PTSD service connection was granted with an effective date of February 11, 2015. Prior claims were not adjudicated as they were final due to lack of appeal within one year.,Left ankle degenerative arthritis, partial tear and thickling of anterior talofibular ligament and tenosynovitis posterior tibialis tendon was granted with an effective date of February 11, 2015. Prior claims were not adjudicated as they were final due to lack of appeal within one year.,Left calf muscle atrophy was granted with an effective date of February 11, 2015. Prior claims were not adjudicated as they were final due to lack of appeal within one year.,Left knee strain service connection was granted with an effective date of February 11, 2015. Prior claims were not adjudicated as they were final due to lack of appeal within one year.

The Board has determined that there is no evidence of a current chronic knee disorder or low back disorder, and the Veteran's claims for these conditions are denied. The claims for sciatica, acquired mental disorders, and cystitis are remanded as additional medical examination and opinion are needed.

The Board denied the Veteran's appeal because his May 2014 substantive appeal was not timely filed, and thus the December 2013 rating decision is final.

The Veteran's appeal for increased ratings for his left knee disabilities has been denied. The Board also remanded the issue of TDIU due to service-connected disabilities.

The Veteran's appeal was dismissed because he died during the pendency of his claims, and the Board has no jurisdiction to adjudicate the merits of these appeals.