Knee decisions — 2019

The Board has remanded the Veteran's claims for further development, including scheduling of examinations to determine the severity of his service-connected left knee disorder.

The Board has granted the Veteran's claims of service connection for a left knee disorder, a left shoulder disorder, a skin disorder other than primary vitiligo (diagnosed as dermatitis), and a disability manifested by tremors. The claim for secondary service connection for a left hand disorder is also granted.

The Board has remanded two issues: entitlement to service connection for lumbar spine disability and entitlement to a rating in excess of 10 percent for left knee degenerative joint disease. The Veteran's lumbar spine disability is being examined again due to the presence of current evidence, conflicting opinions from Dr. T.L., and lack of rationale provided by the VA examiner. The left knee disability is also being examined again due to possible worsening since the last examination.

The Veteran's use of a left knee brace for his service-connected left knee disability is granted an annual clothing allowance. The use of bilateral wrist braces and skin medication/injections are denied as they were not used for service-connected conditions.

The Board has determined that the VA examinations are inadequate and requires further development to determine if the Veteran's claimed conditions are related to his military service.

The Veteran withdrew his appeals for increased ratings and service connection for various conditions, including right knee disability, left shoulder acromioclavicular separation, left elbow disability, and right scrotum pain. The appeal is dismissed as a result.

The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.

The Board has determined that the Veteran's shoulder, neck, lumbar back, and right knee disabilities were not incurred or aggravated during active service. The evidence does not support a finding of direct service connection for these conditions.

The Board has granted service connection for a right knee disability, finding that the Veteran's current right knee chondromalacia and arthritis are related to his in-service injury.

The Veteran's appeal for a higher rating on his right knee strain and PTSD with MDD was denied. His left knee patellofemoral pain syndrome issue was withdrawn, and he received a TDIU.

The Veteran's right knee disability, including fracture of the patella, meniscectomy, and arthritis, is currently rated at 10 percent. The Board found that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a rating in excess of 10 percent.

The Veteran's appeal for service connection of a right knee disability has been dismissed as he withdrew his appeal. The Board also remanded the issues of service connection for an acquired psychiatric disability and TDIU.

The Board has decided to remand two issues related to the Veteran's left knee conditions due to new evidence being added to the claims file. The Veteran will need to provide a response and the claims will be reviewed again.

The Veteran's claim for an earlier effective date for additional compensation for a dependent child based on school attendance was denied as the evidence did not show that information regarding D.G.'s status as a dependent school child was received within a year of his 18th birthday or when he began college.

The Veteran's appeal includes two issues: a request for an increased rating for his left knee scars and another for his left knee osteoarthritis. Both claims are being remanded due to the need for additional evidence and examination.

The Veteran's bilateral hearing loss is granted as service connection. Service connection for left and right knee disabilities are remanded.

The Board has remanded the Veteran's claims for service connection for bilateral hip and knee DJD, as well as lumbar spine DDD due to insufficient medical opinions regarding the relationship between these conditions and his active duty service.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder and left knee degenerative joint disease due to new evidence received since the last final denial.

The Board has denied a rating in excess of 20 percent for right knee internal derangement, but granted a separate 10 percent rating for right knee instability.

The Veteran's MDD is granted as secondary to her service-connected uterine condition. The initial disability ratings for left and right knee strains are denied, with the Veteran receiving a maximum allowed evaluation of 10 percent each. The Veteran's uterine condition is granted at 30 percent prior to September 2, 2015 and at 50 percent from January 1, 2016.