Knee decisions — 2019

The Board denied service connection for low back, bilateral knee, left ankle, gout, skin disorder (claimed as rash), and cardiovascular disorders. The reasons given were that the Veteran did not have a pre-existing condition prior to service, there was no clear evidence of aggravation during service, and the current conditions are not related to service.,The Board found that the Veteran's low back disorder is due to post-service employment rather than service.

The Veteran's appeal is granted as her NOD was timely filed. The Board finds that the Veteran submitted new and material evidence within one year of the March 2016 rating decision, thus keeping her claims pending at the time of her submission of a Notice of Disagreement in April 2017.

The Board has granted service connection for left knee arthritis, finding that the Veteran's in-service chondromalacia and post-service meniscectomy are related to his current condition.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for additional disability resulting from VA back surgery performed in October 2013 is remanded due to the need for an independent medical opinion.

The Veteran's combined disability rating is 50%, which does not meet the schedular criteria for TDIU. The evidence shows that his service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's claims for increased disability evaluations have been denied. The left (minor) fifth finger is rated at 10 percent, PTSD at 70 percent, and both knees are rated as noncompensable.,PTSD was evaluated based on occupational and social impairment with deficiencies in most areas due to symptoms such as depression, irritability, disturbances of motivation and mood, and sleep impairment. The Veteran's right and left knee patellofemoral syndrome were not found to warrant a compensable evaluation.

The Veteran's left knee replacement disability is currently rated at 30 percent, and the Board has ordered a remand to determine if it warrants an increased rating.

The Board has determined that the Veteran's right below the knee amputation is associated with his service-connected degenerative arthritis of the right knee, leading to a grant of service connection.

The Board has vacated its September 2019 decision due to the failure to consider new evidence submitted by the Veteran. The claims of service connection for low back and right knee disabilities are reopened, but the issues remain remanded as additional medical opinions are needed.

The Veteran's left hip trochanteric pain syndrome is being remanded for further evaluation.,A disability rating of 60 percent, but not greater, for left knee degenerative joint disease status post arthroplasty prior to October 31, 2018, is granted. A higher rating is denied.,The Veteran's claim for a disability rating in excess of 60 percent for left knee degenerative joint disease status post arthroplasty from October 31, 2018, and thereafter remains remanded.

The Board has remanded the claims for increased initial ratings for left and right knee disabilities due to outstanding VA Choice treatment records that need to be obtained.

The Veteran's claims for a rating in excess of 10 percent for chondromalacia of the left and right knees have been denied.,The Veteran's claims for service connection for hip disorders have been denied.

The Veteran's skin condition, diagnosed as tinea cruris, recurrent, of the bilateral groin and thighs and tinea corporis of the right leg, had onset in service. The remaining issues on appeal are remanded for further development.

The Board has determined that the Veteran's claims of service connection for low back, neck, left and right knee, and left and right hand conditions are remanded due to insufficient rationale in a previous VA opinion.

The Veteran's service-connected disabilities, including prostate cancer, PTSD, left shoulder condition, right shoulder condition, and bilateral knee conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the evidence supports granting TDIU.

The Board has denied the Veteran's claim for service connection for tinnitus. The remaining issues of service connection for left knee, right knee, right hip, and back conditions have been remanded.

The Veteran's low back disability is rated at 40 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's right lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's meniscal tear with degenerative arthritis of the right knee is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss due to new and material evidence. The claims for left knee disability and pulmonary disability are remanded for further development.

The Veteran's claims for service connection related to bilateral hearing loss, bilateral leg disability, and acquired psychiatric disorder (PTSD with depressive disorder) have been granted. The low back and left knee disabilities are secondary to service-connected conditions.,The Veteran's claim for TDIU has also been granted.

The Board has remanded the Veteran's claims for bilateral hand tremors, migraine headaches, right knee disability, and sinusitis due to insufficient medical opinions regarding their etiology.