Knee decisions — 2019

The Veteran's service-connected back, bilateral knee, and bilateral ankle disabilities are being remanded for additional examinations to assess the current severity of his conditions.

The Veteran's appeals for increased ratings and service connection are being remanded due to the need for additional examinations.,The Veteran is seeking higher initial ratings for his service-connected disabilities, including a TBI with headaches.

The Veteran's service-connected disabilities, notably his PTSD and low back disability, were found to be sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment for the period from December 1, 2013 to February 24, 2016. A total disability rating based on individual unemployability (TDIU) was granted.

The Board has remanded the cases for further development and readjudication due to recent evidence submitted by the Veteran.

The Veteran's claim for an increased rating for lumbosacral strain with mechanical low back pain is remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claims for service connection of right knee condition, left knee condition, rhinitis, and respiratory condition (including asthma) are remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claim for TDIU is remanded due to the need for VCAA notice and development regarding her employment status since 2010.,The Board requests an opinion from NARA on whether the Veteran was exposed to asbestos while stationed at Fort McClellan.,A VA examiner will provide opinions on the nature and etiology of each claimed condition, including consideration of any asbestos exposure.

The Board denied the Veteran's claim for service connection for a left knee disability, finding no current diagnosis of such and attributing any pain to normal wear and tear from military activities.

The Board denied the Veteran's appeals for earlier effective dates for his increased ratings of right knee disabilities and tension headaches, finding that it was not factually ascertainable that his service-connected conditions had increased in severity within a year prior to filing his ITF.

The Board has granted service connection for pes planus and degenerative arthritis of the cervical spine, finding that these conditions are at least as likely as not related to active duty service. The right knee disability and left knee disability have been remanded due to insufficient medical opinions.,Service connection for a right testicular varicocele is also granted, with the condition being attributed to an in-service personal assault.

The Veteran's claims for service connection for a left knee disability, back disability (secondary to right knee disabilities), and respiratory condition are all granted. The left knee disability was already granted in a previous decision, so the appeal is dismissed.

The Board has granted the Veteran's claim for service connection for right knee meniscal tear with degenerative arthritis, finding that his current condition is at least as likely as not related to his service. The previous denial was based on a lack of medical evidence linking the disability to service, but new and material evidence from private practitioners supports this link.

The Board denied the Veteran's claims for a rating in excess of 10 percent for left knee patellofemoral syndrome status post bursectomy and left knee instability associated with patellofemoral syndrome status post bursectomy.

The Veteran's claim for service connection of residuals of a lacerated right inner bicep with nerve damage and scar is denied due to the period of other than honorable discharge. The Board has remanded claims for psychiatric disorder, left knee condition, right knee condition, left ankle condition, right ankle condition, left elbow condition, and left shoulder condition.

The Veteran's claims for PTSD, right knee disorder, and acquired psychiatric disorder have been reopened. However, the Board found that there is no evidence of a current disability related to these conditions or any in-service event, injury, or illness. The claim for heart disorder was not addressed as it did not meet the criteria for service connection.

The Board has denied the Veteran's claims for service connection for left arm disability, right arm disability, bilateral hearing loss, and tinnitus. The decision also remanded the issues of entitlement to an initial evaluation in excess of 20 percent for service-connected right knee disability and an initial compensable rating for left knee disability.

The Board has determined that a remand is needed to ensure due process and to order further development, including obtaining additional medical records and scheduling the Veteran for a VA examination.

The Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment, leading to the grant of TDIU. The appeal for a higher rating for PTSD is remanded due to inadequate examination.

The Veteran's claim for an initial rating higher than 10 percent from May 9, 2012 and continuing thereafter for bilateral tinnitus is dismissed. The claims of service connection for left knee disorder, right knee disorder, and cervical spine disorder (secondary to service-connected lumbar spine disorder) are granted.

The Board has remanded the Veteran's claims for increased ratings for his right knee degenerative arthritis due to inadequate VA examinations and the need for additional medical opinions.

The Board has remanded the claims for service connection due to issues with the character of the Veteran's discharge from service and the need for additional VA examinations.

The Board has remanded the case due to the need for a VA examination and further review of the right shoulder disability. The left knee disorder is granted, but the initial rating for the right shoulder strain remains pending.