Knee decisions — 2019

The Board has remanded the Veteran's claims for entitlement to increased ratings for his bilateral knee disabilities and tibia and fibula disabilities due to inadequate examination findings. The case is returned to the Board after compliance with appellate procedures.

The Board has determined that an earlier effective date for the TDIU award cannot be granted because the Veteran did not timely appeal the February 1981 rating decision denying his initial claims and filed a claim to reopen these claims on October 17, 2008. The earliest possible effective date he can receive is October 15, 2014.

The Board has remanded the claims of service connection for left knee disability and bilateral hearing loss due to insufficient evidence regarding their etiology.

The Board has remanded the Veteran's claims for additional development to obtain updated VA treatment records and new examinations. The issues include service connection for various disabilities, including left shoulder, cervical spine, inflammatory spondyloarthropathy (claimed as pain from skull to pelvis), bilateral hip, left knee, right knee, bilateral foot condition, obstructive sleep apnea, and hemorrhoids.

The Veteran's left knee disability, including osteoarthritis and meniscectomy residuals, is currently rated at 20 percent from February 6, 2018. The appeal was granted for a separate rating of 20 percent for the residuals of the meniscectomy.

The Veteran's appeals for tinnitus, deviated nasal septum service connection, increased ratings for patellofemoral pain syndrome of the knees, and an increased rating for a psychiatric disorder have been dismissed.

The Veteran's left knee disability is currently rated as 10 percent disabling prior to March 24, 2014 and as 30 percent disabling as of May 1, 2015. The Board has determined that a new VA examination is needed due to the possibility of worsening symptoms since his last examination in April 2012.

The Board has remanded the Veteran's claims for tinnitus, as his service treatment records contain evidence of 'intermittent tinnitus' during his Post-Deployment Health Assessment. The other issues remain in dispute and are to be addressed with a VA examination.

The Veteran's service connection claim for left sensorineural hearing loss is denied as he does not have a current disability. The Veteran's right sensorineural hearing loss is currently rated at zero percent.,The Veteran's service connection claim for degenerative arthritis of the left knee (claimed as left knee aggravation) is remanded due to insufficient evidence regarding its relationship to his military service.

The Veteran's claims for service connection on remanded issues are currently pending and will be reconsidered by the RO. The remaining denied conditions include acquired absence of teeth, fatty liver, left great toe bunion with osteoarthritis and gout, right great toe bunion with osteoarthritis and gout, irritable bowel syndrome (IBS), Chronic Fatigue Syndrome (CFS), pain in all joints and muscles, bilateral hearing loss, right Achilles tendonitis with calcaneal spurs, bilateral Carpal Tunnel Syndrome (CTS), hernias, left knee osteoarthritis, and degenerative joint disease of the lumbar spine.

The Board has dismissed the appeals for bilateral hearing loss, allergic rhinitis (claimed as sinusitis and allergies), and asthma. The remaining issues of service connection for various knee disabilities, hip disabilities, a left knee scar, arthritis with painful joints, gout, bladder cancer, prostate disability, erectile dysfunction, and hypertension are REMANDED.

The Veteran's tinnitus was granted service connection as it is caused by in-service noise exposure. The issues of left shoulder, bilateral hearing loss, left knee, and bilateral carpal tunnel syndrome are remanded for further examination and analysis.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for left knee strain and chondromalacia, right patella due to the need for additional examinations.

The Board has determined that the Veteran does not have a current disability diagnosed as progressive arthritis. The appeal is being remanded for further development and consideration of other issues.

The Veteran's claim for service connection for a left knee condition has been granted. The claims for PTSD, acquired psychiatric disorder (not to include PTSD), low back condition, left hip condition, and sleep condition are all remanded.,Service connection is denied for PTSD and the Veteran does not have a current diagnosis of an acquired psychiatric disorder.

The Veteran's service connection claim for a right knee disability is denied as there is no evidence that the current condition began during her period of active duty.,The Veteran's claim for an initial rating in excess of 10 percent for her right ankle disability is also denied due to lack of evidence showing marked limitation of motion.,The Veteran's GERD service connection claim requires further evaluation as there are no recent medical records available to assess the current severity of her condition.

The Veteran withdrew his appeal for increased ratings on the right total knee replacement condition.

The Board denied service connection for a left knee disorder, finding that it is not caused or aggravated by the Veteran's service-connected right knee, right hip, and bilateral foot disabilities.

The Board has remanded the cases for further development due to inconsistencies in the Veteran's work history and recent medical records. The Veteran is also being asked to provide updated information about his earnings since 2005.

The Veteran's bilateral mild degenerative joint disease and medial meniscus tears are rated at 20 percent each, effective November 17, 2016.