Knee decisions — 2019

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since February 22, 2016.

The Board denied the Veteran's claim for service connection for a left total knee arthroplasty, finding insufficient evidence to link his current condition to an in-service injury.

The Veteran's radiculopathy of the left lower extremity was rated as 10 percent prior to May 23, 2016 and granted a rating of 40 percent on and after that date.,For his marked chronic lumbar myositis, the Veteran is not entitled to an initial rating in excess of 20 percent. For his degenerative joint disease of the left knee, he is not entitled to an initial rating in excess of 10 percent prior to March 17, 2016 and as 20 percent on and after that date. His right knee disability was also remanded for further examination.,The Veteran's radiculopathy of the left lower extremity is rated based on incomplete paralysis of the sciatic nerve. The Veteran has been granted a higher rating, but his lumbar myositis and knee disabilities remain at their current ratings.

The Veteran's dementia is granted as secondary to his service-connected diabetes mellitus. He is also granted SMC based on aid and attendance due to his service-connected disabilities, which require him to be in need of regular assistance. The Veteran is also eligible for specially adapted housing.

The Veteran's appeal includes requests for increased ratings, service connection, and TDIU. The left knee instability associated with degenerative joint disease, status post patellar tendon repair is granted a 10% rating. Service connection for the right knee condition is remanded. TDIU is also remanded.

The Veteran's claims of service connection for various conditions have been reopened due to the submission of new and material evidence. Service connection is granted for left and right shoulder conditions, right knee condition, left and right ankle conditions, headache condition (secondary to a service-connected disability), sleep condition (secondary to a service-connected disability), and heart condition.

The Board has decided to remand the case for a new examination to determine if the Veteran's left knee disability is related to his service-connected lumbar spine disabilities.

The Board has determined that the Veteran's claims for service connection and temporary total evaluation are remanded due to incomplete records, need for additional medical opinions, and further development of her Reserve service.

The Veteran's claims of service connection for left shoulder degenerative joint disease, headaches, and sleep apnea have been granted. His right knee instability has also been granted a rating of 30 percent. The Veteran's claims for increased ratings on his left ankle strain and degenerative joint disease as well as his right ankle strain are remanded.

The Veteran's appeals for service connection for various conditions have been dismissed.,An increased rating of 40 percent has been granted for the low back disability, effective throughout the claim period.

The Veteran's appeal for service connection for chronic fatigue syndrome, right knee chondromalacia of the patella, and sleep apnea (also claimed as sleep disorder, jerking and restlessness) is remanded.,An effective date earlier than September 26, 2011 for the grant of service connection for PTSD is dismissed.

The Veteran's appeal for a higher rating for his right elbow condition was dismissed. His bilateral hearing loss is now rated at 10 percent, effective June 10, 2019.,Service connection has been granted for degenerative arthritis of the right knee and degenerative joint disease of the lumbar spine.

The Veteran's claim for higher ratings for chondromalacia patella of the left and right knees was denied. The Board found that the evidence did not support a rating higher than 10 percent prior to July 11, 2019, or any higher rating thereafter.

The Board has remanded two cases: one for an evaluation in excess of 10 percent for degenerative change of the left knee and another for an evaluation in excess of 10 percent for rheumatoid arthritis of the left hip. The reasons are that the most recent VA examinations did not fully address reports of flare-ups and their resulting additional functional impairment.

The Veteran's TBI disability is rated at 40 percent, effective April 8, 2019. The Board denied increased ratings for his TBI and service connection claims for right elbow, wrist, knee, and left knee conditions.

The Board denied service connection for a bilateral knee disability, finding no evidence linking the current condition to service.,Service connection was granted for tinnitus, with the Board considering the Veteran's testimony and concluding that his tinnitus is related to noise exposure in service.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's right knee disability and his service-connected right ankle condition. A new examination is needed to provide clarifying opinions.

The Veteran's right knee disability, including the partial meniscectomy and traumatic arthritis, was rated at 30 percent prior to September 12, 2003. The Board denied an increased rating for this period.

The Board has remanded the claims for osteoarthritis of the hips, elbows, wrists, and shoulders, as well as the bilateral knee disability due to discrepancies in the medical evidence.

The Board has denied the Veteran's claims for increased ratings for chronic sinusitis, right knee PFS, and left knee PFS. The case is remanded to obtain addendum opinions regarding whether kidney stones and bronchitis are related to service.