Knee decisions — 2019

The Board dismissed the appeals for service connection of left hip and left knee disabilities due to the death of the appellant.

The Board has remanded the Veteran's claims for a new VA examination to assess the current nature and severity of his service-connected knee disabilities, including range of motion testing in weight-bearing conditions. The Veteran is also requested to provide or authorize VA to obtain relevant treatment records.

The Board has determined that the Veteran's service connection claim for left below knee amputation should be remanded due to a lack of acknowledgment of his timely Notice of Disagreement (NOD) and because he did not receive a VA examination in relation to this issue. The Board also notes that there is conflicting evidence regarding whether the condition was caused by medication or an in-service event.

The Board has remanded the case for further development, including securing VA neurological treatment records and determining if the Veteran is in regular need of aid and attendance or permanently housebound due to his service-connected right knee disability.

The Veteran's right ankle disability is granted a separate 10 percent rating, and TDIU is granted due to his service-connected disabilities preventing him from working.

The Veteran's disability ratings for his left shoulder, left knee, and right knee conditions were reduced or increased. The reduction of the left shoulder rating from 20% to 10% was not proper due to lack of sustained improvement in function under ordinary conditions of life and work. The case is remanded for further examination and consideration.

The Board has remanded the case due to insufficient evidence in the VA examination report, and a new opinion is needed regarding the etiology of the Veteran's bilateral knee disabilities.

The Board has remanded the Veteran's claims due to his failure to appear for a scheduled DRO hearing. The Veteran will be given another opportunity to present his case at a rescheduled hearing.

The Board has remanded the Veteran's claims for service connection for lumbar spine, bilateral hip, bilateral knee, and bilateral leg disabilities due to conflicting medical opinions.

The Veteran's claims for service connection have been granted for an acquired psychiatric disorder, headaches, left knee disability, and cervical spine disability. Service connection is also granted for erectile dysfunction but denied for hypertension.

The Veteran's bilateral knee disabilities have rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Board has remanded the Veteran's claims for an additional VA examination to determine the current severity of his service-connected bilateral knee disabilities. The Veteran asserts that his February 2014 VA examination did not reflect the severity of his knees and requested a new examination.

The Veteran's appeals for increased ratings for his left and right knee disabilities have been denied as the evidence does not support a higher rating based on current functional impairment.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Board has remanded the case for referral to the Under Secretary for Benefits or the Director of Compensation and Pension Service for extraschedular consideration due to the Veteran's right knee meniscal tear disability.

The Veteran's claim for PTSD is denied as there is no current diagnosis of PTSD. The Board finds that the preponderance of evidence is against a finding of service connection.,The Veteran's claims for left knee disability, bilateral pes planus, and sleep apnea are remanded to obtain additional development.

The Board has remanded the Veteran's claims for service connection and increased rating for his lumbar spine and right knee disabilities due to incomplete records, need for new examinations, and need for clarification on whether the Veteran's conditions are related to his service-connected left knee condition.

The Board has remanded the claims for right hip, left hip, left knee, and lower back disabilities due to insufficient medical opinions regarding their etiology.

The Veteran's combined rating is 40 percent, and his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. Therefore, the claim for TDIU is denied.

The Board denied service connection for a cervical spine condition and a left knee condition, finding that the evidence did not support a direct relationship to service or any other theory of service connection.