Knee decisions — 2020

The Board has ordered a remand to determine if the Veteran's current right knee disability is related to an in-service injury or disease, and whether it is caused by or aggravated by his service-connected left knee disability.

The Veteran's claims for service connection for left knee and right shoulder disorders have been reopened, but the Board has not yet decided whether these conditions are related to service.,The Veteran's claims for effective dates earlier than April 27, 2017 for PTSD with depressive disorder, TBI, and tinnitus have been denied as there is no evidence of a claim prior to that date.

The Veteran's claims for service connection for left eye disability, sleep apnea, gout, hypertension, and right knee disability are remanded due to the need for additional medical examinations.

The Veteran's service-connected status post left knee patellofemoral arthroplasty is granted a 60 percent rating through December 4, 2014. A 30 percent rating continues from December 5, 2014 to the day prior to his October 2018 hearing.

The Board has remanded the TDIU claim due to conflicting evidence of the Veteran's employment throughout the appeal period and the need for a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. The AOJ should refer his claim for a TDIU issue to the Director of Compensation Services for extraschedular consideration.

The Board dismissed all appeals related to the Veteran's claims, including those for PTSD, right knee condition, bilateral shin splints, and headaches.

The Board has remanded the case due to inadequate opinion regarding the etiology of the Veteran's right leg/knee disorder. The examiner was asked to consider the Veteran's lay statements and symptomatology, but did not do so in rendering a negative opinion.

The Veteran's service-connected right and left knee disabilities are evaluated at 10 percent each, based on limitation of motion. The Board found the evidence against a higher rating.,The AOJ is instructed to attempt verification of the Veteran’s stressors related to his claimed PTSD, including aiding in the preparation of a temporary morgue at Dover Air Force Base and working with human remains.

The Veteran's appeals for increased ratings and TDIU are remanded due to the need for additional examinations and records. The issues of rating left foot cold injury, right foot cold injury, right thumb osteoarthritis, and knee disabilities remain pending.

The Board has remanded the Veteran's claims for further development due to incomplete service records and inadequate VA examination.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected right and left knee and/or foot disabilities. The rating for residuals of a fracture of the femur with DJD of the left knee is increased to 30 percent effective October 15, 2019.

The Veteran's initial ratings for right and left knee disorders have been granted at a minimum of 10 percent each, effective September 1, 2009. The Board found that the evidence did not support higher ratings based on flare-ups or additional functional loss.

The Veteran's diabetes mellitus type II is rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of use of insulin or hospitalizations.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran has been granted service connection for tinnitus and obstructive sleep apnea. The Board remanded these issues as there are questions about their onset in service.,Service connection was established for hypertension, left knee disability, right knee disability, skin fungus (tinea pedis), and skin cancer (basal cell carcinoma).,The Veteran's gastroesophageal reflux disorder (GERD) is not yet service connected.

The Board has remanded the cases of service connection for left elbow, right knee, and left knee conditions due to inadequate examination reports in previous decisions.

The Board has remanded the case due to an unresolved CUE claim and will consider the effective date of service connection for bilateral knee disability once the CUE claim is resolved.

The Board has granted service connection for hypertension and headaches secondary to hypertension, but denied service connection for other conditions due to lack of evidence or causal relationship.

The Board denied the Veteran's claims for effective dates earlier than March 27, 2018 for service connection of various conditions. The Veteran was previously denied service connection due to dishonorable discharge from active duty.

The Veteran's PTSD is rated at 70 percent, effective December 10, 2018. The claims for service connection of various conditions are denied.

The Board denied the Veteran's claim for a separate rating for right leg shin splints as they are already captured by his current rating for right knee patellofemoral pain syndrome.

The Board has determined that the Veteran's claims for service connection for right shoulder, left shoulder, helicobacter-associated pyloric ulcer, right knee, and left knee conditions are not properly adjudicated based on the current evidence of record. The VA examinations were deemed inadequate to determine whether these conditions are related to military service.