Knee decisions — 2019

The Board has determined that additional development is needed due to the need for a new examination in accordance with Correia v. McDonald, and requests for updated VA treatment records.

The Board has ordered additional development to determine if VA treatment was appropriate for the Veteran's left knee and whether he received timely notification about his deteriorating condition. The case is being remanded.

The Board has denied the Veteran's claim for service connection for a right knee disorder and has remanded the issue of entitlement to an effective date prior to December 16, 2016, for the award of a TDIU.

The Board has denied service connection for a right plantaris tendon rupture due to lack of evidence supporting the Veteran's claim. The claims for initial compensable ratings and rating in excess of 10 percent for various conditions are remanded as new examinations are needed.

The Board has remanded the case for further development regarding service connection for asthma due to asbestos exposure during military service. The lower back and right knee disability claims are still pending.

The Veteran's claims for increased ratings for left shoulder impingement and right knee degenerative joint disease are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations.

The Veteran's service did not occur during a period of war, so he does not meet the threshold requirement for eligibility to receive nonservice-connected pension benefits.

The Board has remanded the Veteran's claims for bilateral knee disability, acquired psychiatric disability, and low sex drive due to chemical exposure. The claims are being returned for further development.

The Veteran's claims for service connection for left knee osteoarthritis, right knee osteoarthritis, and lumbosacral strain are being remanded due to the need for a VA examination.

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

The Veteran's service-connected left and right knee disabilities are rated at 10 percent each, but the Board denied a higher rating as his flexion and extension do not meet the criteria for a higher rating. The Veteran was also granted TDIU due to his service-connected disabilities.

The Board has determined that the Veteran's right foot first metatarsal condition, including osteoarthritis, hallux rigidis limitus, and hallux valgus, was not incurred during service or due to a service-connected right knee disability. The evidence does not support a finding of direct service connection.

The Board has remanded the claims for service connection for back and right hip disorders, as well as the rating claim for osteoarthritis of the right knee. The TDIU claim is also being remanded.

The Veteran's right ankle, low back, right knee, left knee, and right shoulder disabilities are granted as secondary to service-connected conditions.,The Veteran's radiculopathy of the left and right lower extremities is denied.

The Veteran's low back disorder, left knee patellar dislocation, and right knee patellar dislocation are granted service connection as direct service connection. The Veteran's left shin splints, right shin splints, left ankle disorder, and right ankle disorder do not meet the criteria for service connection.

The Veteran's service-connected right knee disability has not worsened to the point where he cannot perform a job position in mechanics and machinery repair, nor is this occupation otherwise unsuitable. The criteria for additional vocational rehabilitation benefits under 38 U.S.C. Chapter 31 have not been met.

The Board has determined that the Veteran's claims for effective dates prior to August 31, 2015 are denied as there was no formal claim pending before this date. The appeal is remanded for further development regarding service connection for left and right knee disabilities.

The Veteran's initial claim for a higher rating for his service-connected left knee scars was denied, with the effective date set at September 7, 2016.,A compensable rating (less than or equal to 20%) was also denied for the scar prior to September 7, 2016.

The Veteran's appeal includes requests for increased ratings for a left knee disability and TDIU. The Board has determined that these claims are inextricably intertwined with the rating claim, so they are being remanded.

The Veteran's bilateral knee conditions have worsened since his last examination in August 2013. The Board has ordered a new VA examination to assess the current severity of his left and right knee arthritis.