Knee decisions — 2019

The Board has decided that the recoupment of separation pay through withholding of disability compensation payments is proper and remands for further development regarding the level of severity of the Veteran's cervical spine, left knee, and lumbar spine disabilities during his first period of service.

The Board has denied the Veteran's claims for increased evaluations for his right and left knee disorders, finding that the evidence does not support a rating in excess of 10 percent. The claim for an initial evaluation in excess of 10 percent for left shoulder strain is REMANDED due to scheduling issues.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee, left knee, right foot, left foot, low back, and gastrointestinal conditions. The issues are related to whether these disabilities are related to service or other in-service events.

The Veteran's radiculopathy of bilateral upper extremities has been granted, with a rating of 30 percent. The other conditions and issues have either not met the criteria for higher ratings or were denied.

The Board denied the Veteran's claims for clothing allowances related to his right knee brace and wheelchair, finding that neither caused significant wear and tear to his clothing.

The Veteran's right knee disability has been rated at 20 percent prior to April 17, 2019 and a separate rating of 20 percent for the tear of the meniscus from that date. The Veteran is also service-connected for major depressive disorder secondary to his right knee disability.,The Veteran's TDIU claim has been remanded as additional development is necessary.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including a VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his service-connected knee conditions.

The Veteran's claims for service connection for left eye and left knee conditions have been remanded due to the need for additional evidence and examination.

The Veteran's claims for clothing allowances related to knee and wrist braces are being remanded due to the need for additional development, including obtaining documentation from the Debt Management Center regarding a $1,528.60 debt.

The Board denied the veteran's claims for service connection for left knee, right knee, left ankle, and right ankle disabilities due to a lack of evidence of current disability.

The Veteran's appeal for service connection for a left knee disability was denied. The Veteran also had his claim for allergic rhinitis denied, and the rating for obstructive sleep apnea prior to February 3, 2016 was denied. However, the Veteran received a compensable rating (30%) for obstructive sleep apnea from that date.,The Veteran's left knee disability is not service-connected. His allergic rhinitis does not meet the criteria for a compensable rating under Diagnostic Code 6522. The Veteran was granted a 30% rating for his obstructive sleep apnea, effective February 3, 2016.

The Board has remanded the Veteran's claims for an upper back disability and a right knee disability due to unclear diagnoses and inadequate examination findings. The claims are pending further clarification.

The Board has granted the Veteran's claims for service connection for blood clots in his right leg and left knee disability, finding that these conditions are secondary to his service-connected right knee disability.

An effective date of August 15, 2014, for the award of service connection for PTSD is granted. The Veteran's claims for bilateral hearing loss, left wrist carpal tunnel syndrome, right wrist carpal tunnel syndrome, degenerative arthritis of the wrists, and bilateral knee disabilities are remanded due to the need for additional evidence.

The Board has remanded the Veteran's claims for service connection for blood cancer, right knee arthritis with pain, left knee arthritis with pain, and sleep apnea due to a duty to assist error. The Veteran was not provided with a VA examination for his claimed conditions.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for residual appendix scar and left knee disability. The Veteran's claim of service connection for left knee disability is remanded, as well as his claims for service connection for circumcision residual scar.

The Veteran's right shoulder, back, dermatitis, right ankle, and left upper leg disabilities have been granted service connection.,Service connection for the right shoulder disability is established based on in-service injury and continuity of symptomatology. Service connection for the back disability is established due to in-service lifting duties resulting in chronic strain and functional overload. Dermatitis is linked to Gulf War exposure. Right ankle and left upper leg disabilities are secondary to service-connected foot disabilities.

The Board has remanded the Veteran's claims for increased ratings for his left ankle and left knee disabilities due to inadequate VA examination reports. The Veteran will need new examinations to determine the current severity of these conditions.

The Board has remanded the Veteran's claims for GERD, OSA, and a right knee condition due to insufficient evidence regarding their etiology. The RO is instructed to obtain updated VA and private treatment records, confirm periods of active duty service, and schedule examinations to determine the nature and etiology of these conditions.