Knee decisions — 2019

The Veteran's claims for service connection have been reopened, and he is now entitled to a 20% rating for his right shoulder condition. The other claims are granted.

The Veteran's right knee disability, including chondromalacia patella and associated instability, is currently rated at 10 percent. The Board denied an increased rating as the evidence does not show limitation of flexion to less than 45 degrees or limitation of extension to less than 10 degrees.

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus was dismissed due to the appellant's withdrawal.,Service connection was denied for cervical, low back, and right knee disabilities. The Veteran did not have TBI or a vision problem at any time during the pendency of the claim.

The Veteran's current right knee disability is at least as likely as not related to his active duty military service, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities prevent him from performing physical labor and office-type work since at least August 12, 2013. The Board has determined that the criteria for a TDIU have been met since at least August 12, 2013.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed due to conflicting medical opinions and lack of a comprehensive VA examination.

The Board has remanded the claims of service connection for right knee, left knee, and back disabilities due to insufficient evidence. The Veteran's military experiences with long marches in heavy gear are suggested as a possible cause.

The Board has denied the Veteran's claim for service connection for a bilateral knee disability, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's right knee disability is remanded for additional examination and consideration, and the issue of TDIU is also remanded.

The Veteran's left knee condition is being remanded for further examination and medical opinion to determine its etiology, including whether it is related to service or aggravated by a service-connected right knee disability.

The Board denied service connection for bilateral knee conditions as secondary to service-connected hallux valgus of the feet, but reopened the claim and found new evidence material. The Board also denied a higher rating for hallux valgus of both feet.

The Board has determined that the Veteran's request for vocational rehabilitation and employment benefits, including pursuit of a Juris Doctor (J.D.), is not supported by evidence in his file. The AOJ must ensure all relevant documents are obtained and associated with the claims file, obtain any outstanding VA treatment records, and contact the Veteran to gather additional information regarding his attempts at employment. A vocational rehabilitation evaluation should then be conducted to determine if the Veteran's proposed change of goal is feasible.

The Board has denied the Veteran's claims for service connection for right and left knee conditions. The case is being remanded to determine the nature and origin of her low back condition and vaginal disorder (previously claimed as chronic yeast infections).,Service connection for a low back condition and vaginal disorder are both currently pending and will be addressed again after obtaining additional medical opinions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, including those from private physical therapy providers. The Veteran is also asked to complete a new VA Form 21-8940 regarding his employment status.

The Veteran's claim for a compensable rating for post-surgical changes, s/p right foot bunionectomy was granted. The claims for initial ratings in excess of 10 percent for post-surgical changes, s/p left knee ACL repair and post-surgical changes, s/p right knee ACL repair were denied.

The Board has determined that a VA examination and medical opinion are needed to address the etiology of the Veteran's right knee disability, as well as whether it was caused or worsened by in-service shin splints. The case is therefore being remanded for further development.

The Board has granted the Veteran's claim for service connection for a left knee disability as secondary to his service-connected right knee disability.

The Veteran's annual clothing allowance based on static qualifying disability is restored due to the continued use of a prescribed hinged knee brace and topical ointments that cause damage to his clothing.

The Veteran's eczema is rated at 60 percent, adjustment disorder with depressed mood is partially granted to 70 percent and a separate rating of 10 percent for right knee instability is granted. The initial rating for the right knee disability (claimed as insomnia and night sweats) remains denied.

The Board has remanded the case due to inadequate VA examination and treatment records, requiring a new assessment of the Veteran's left knee scars.