Knee decisions — 2019

The Veteran's claim for higher ratings for his service-connected right knee Pellegrini-Stieda and residuals of a gunshot wound to the right leg was denied. He received separate ratings for limitation of flexion (20%) and extension (30%) of the right knee, but his claim for a rating higher than 10 percent for residuals of the gunshot wound to the right leg remains denied.

The Veteran's claims for service connection for patellofemoral syndrome, right knee; upper and lower back disability; hearing loss in the right ear; and tinnitus are all granted. The claim for service connection for hearing loss in the left ear is remanded due to inadequate examination.

The Veteran's claims for service connection for acquired psychiatric disorders (including PTSD, major depressive disorder with symptoms of anxiety and insomnia, bipolar disorder, ADHD), back disorders (including arthritis), left knee disorders (including arthritis), right knee disorders (including arthritis), migraines, and tinnitus have all been denied as new and material evidence has not been received to reopen the claims.

The Veteran's left ankle disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5271 for marked limitation of motion. The Veteran does not have a current diagnosis of any other claimed conditions.,Service connection has been granted for an acquired psychiatric disorder (including major depressive disorder, generalized anxiety disorder with panic attacks, and alcohol use disorder), sleep apnea, low back disorder, left hip disorder, right hip disorder, left knee disorder, and left lower extremity radiculopathy. Service connection was denied for the remaining conditions.

The Board denied the Veteran's claims for service connection for a right leg disability and left below knee amputation, finding that there was no evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient evidence and a need for a VA examination to determine if the Veteran's left knee disability is related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and conflicting medical opinions. The Veteran is required to provide additional records, including private medical records, and undergo VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection for left knee and left hip disabilities due to insufficient detail in previous medical opinions. The Veteran is seeking service connection for these conditions, which she contends were caused or aggravated by her active duty military service.

The Veteran's diabetes mellitus, bilateral hearing loss, tinnitus, cervical spine disability, back disability, erectile dysfunction, prostate disability, bilateral ankle and knee disabilities, shoulder and hip disabilities, right upper and lower extremity peripheral neuropathies, anxiety, depression, and PTSD were not shown as chronic in service or related to a service-connected disability. The Board found the Veteran's statements regarding these conditions being related to his military service to be speculative.,The Veteran's hearing loss and tinnitus were first diagnosed 30 years after separation from service and are not considered to be related to service.

The Board has decided to remand the Veteran's claims for increased ratings for various knee and foot disabilities due to inadequate examination records, and to obtain additional VA treatment records.

The Veteran's claim for service connection for left knee degenerative joint disease, to include as secondary to a right knee condition is being remanded due to the need for additional medical examination and opinion.

The Veteran's service-connected right and left knee disorders are each rated at 10 percent, the maximum rating under Diagnostic Code 5260. The Board finds that the evidence does not support a higher rating for either knee.

The Veteran's service-connected conditions, including major depressive disorder with other specified trauma, lumbosacral strain, cervical strain, and patellofemoral syndrome of the right knee, are being remanded for further development due to new evidence added to her claims file.

The Veteran's claim for a rating in excess of 10 percent for left knee degenerative joint disease is denied. The Veteran's claim for service connection for depressive disorder as secondary to his bilateral knee disabilities is granted.

The Board has remanded the Veteran's claims for migraine headaches and bilateral knee disability due to insufficient evidence. The Veteran will need to provide additional medical opinions or evidence regarding his in-service injuries.

The Board found that the Veteran's cervical spine arthritis did not begin during service and was not compensably disabling within a year of separation from his first two periods of service. The claim is denied as new and material evidence has not been received.

The Veteran's migraine headaches have been rated at the maximum schedular rating of 50 percent effective November 29, 2018. The Board finds that a higher rating is not warranted due to the frequency and severity of her prostrating attacks.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the etiology of the Veteran's left and right knee disabilities.

The Board has remanded the cases for additional development and opinion regarding the Veteran's claims of service connection for his neck, left knee, right shoulder, and right wrist conditions.