Knee decisions — 2019

The Board has added new medical evidence to the Veteran's claims file and must remand the matter for readjudication in light of this new evidence.

The Veteran's cause of death (cardiovascular disease) is not service-connected, and he was not rated totally disabled by VA at any time. The Veteran’s major depressive disorder did not meet the criteria for a higher rating. His left and right knee disabilities were also found to be within the range of normal function.

The Veteran's claim for clothing allowances for his service-connected back, left knee and left ankle braces was denied as the braces did not wear and tear his clothing.

The Veteran's appeals for service connection for hyperthyroidism and bilateral hearing loss have been dismissed.,The Veteran's appeals for service connection for residuals of laceration to the head, including cervical spine disability, vertigo, jaw disability and scarring; hypertension; right knee disability; erectile dysfunction (ED); and sleep disorder, including sleep apnea are being remanded.

The Board denied the Veteran's claims for earlier effective dates for the grant of service connection for left knee strain with tenosynovitis, right knee strain with tenosynovitis, and tinnitus due to a lack of evidence showing an informal or formal claim prior to March 25, 2014.

The Veteran's service-connected PTSD, back condition, and knee condition have prevented him from securing or following substantially gainful employment for the entire appeal period. A total disability rating for individual unemployability (TDIU) is granted.

The Veteran's service connection claims for tinnitus, right foot plantar fasciitis, left foot plantar fasciitis, and bilateral hearing loss disability are granted. Claims for other conditions such as left foot ingrown toenail, right foot ingrown toenail, left shoulder, right shoulder, low back, right knee, left knee, sleep apnea, tachycardia, hypertension (claimed as high blood pressure), erectile dysfunction, TBI, headache, and acquired psychiatric disability are denied.

The Veteran's claims for service connection for a lumbar spine disorder, an acquired psychiatric disorder (PTSD and MDD), and left knee disability were denied. The right ankle fracture claim resulted in a 30% rating since January 31, 2017.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of the Veteran's left knee disabilities. The issues are inextricably intertwined with the TDIU issue.

The Board denied service connection for a right knee disorder, finding that the Veteran's current diagnosis was not related to his time in-service and is not due to any in-service occurrence or event.,Service connection for an acquired psychiatric disorder, including as secondary to service connected tinnitus and bilateral hearing loss, was also denied. The Board found no evidence of a link between the Veteran's current psychiatric condition and his time in-service.

The Board dismissed the appeals regarding service connection for a right knee disability, a higher rating for a deviated septum, and a higher rating for left knee degenerative joint disease.

The Veteran's claims for increased ratings for his right knee disabilities are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination.

The Board has granted service connection for sleep apnea, but the remaining claims of entitlement to service connection for a right knee disability, dizziness, skin disability, and headaches are remanded for further development.

The Board has remanded the cases due to new VA treatment records being added to the record.

The Board has reopened the Veteran's claims for service connection for back and left knee disabilities due to new evidence submitted since the final decisions. The claims are remanded for further examination.

The Board denied service connection for a low back disability, bilateral knee disability, and tinnitus as the evidence did not support an in-service injury or disease that caused these conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and evaluations.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.

The Board denied service connection for low back strain and left knee disability, finding that the evidence did not support a nexus to service.

The Veteran's service-connected depressive disorder does not require the care or assistance of another on a regular basis, and he is not housebound due to his service-connected disability. Therefore, entitlement to SMC based on aid and attendance or housebound status is denied.