Knee decisions — 2020

The Veteran's right knee and ankle disabilities have been granted initial ratings, with the right knee receiving separate ratings for painful extension and instability. The right ankle disability received a 20 percent rating.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD and MDD. The RO must attempt to corroborate the Veteran’s in-service stressors and schedule a psychiatric examination to determine the nature and etiology of any current psychiatric disorders found.

The Veteran's TDIU appeal is dismissed as moot because he has a combined schedular 100 percent disability rating for his service-connected disabilities and SMC under 38 U.S.C. § 1114(s) is inapplicable.

The Board denied the Veteran's appeal because his timely substantive appeal was not received within 60 days of the October 16, 2019 Statement of the Case.

The Veteran's claim to reopen service connection for a right knee strain was received on September 30, 2009. As there was no pending, unadjudicated claim prior to this date, the effective date cannot be earlier than September 30, 2009.

The Veteran's right hip disability is currently rated at 10 percent, but the Board found no evidence to support a higher rating due to lack of ankylosis or significant limitation in motion.,For her bilateral knee disabilities, she was denied increased ratings as there was no evidence of instability, dislocated meniscus, or other conditions that would warrant higher ratings.

The Board denied higher initial ratings for knee conditions and denied entitlement to a total disability rating based on individual unemployability. The Veteran was advised of his appellate rights but did not appeal the decision.

The Veteran's service-connected right knee and hip disabilities have rendered him unable to secure or follow a substantially gainful occupation, necessitating remand for further examination.

The Board has determined that additional development is needed to properly assess the Veteran's service-connected musculoskeletal and pulmonary conditions, including conducting new VA examinations to evaluate the severity of his lumbar spine strain, right shoulder degenerative joint disease, right knee chondromalacia patella, right ankle strain (status-post surgery), and pulmonary sarcoidosis.

The Board denied service connection for a lumbar spine disability, right shoulder disability, and right knee disability. The Veteran's lumbar spine disability is not related to his military service due to lack of continuity of symptomatology since service. His right shoulder disability was also not related to service as there is no evidence of in-service injury or treatment. For the right knee disability, the Board found that the Veteran does not have a current diagnosed condition.,reasoning

The Veteran's application for a clothing allowance based on the use of a prosthetic device for 2013 is being remanded due to incomplete records and need for further development.

The Veteran's appeal for higher initial disability ratings and TDIU prior to March 25, 2013 is being remanded due to inadequate retrospective medical opinions regarding the right knee functional loss during a flare-up or after repeated use over time.

The Board denied a total disability rating based on individual unemployability (TDIU) prior to December 15, 2014 due to the Veteran's service-connected right knee instability. The Veteran had been gainfully employed since January 1, 2001.

The Veteran's claims for higher initial ratings for his right and left shoulder disabilities, right and left ankle disabilities, right and left knee disabilities, and pain disorder are being remanded due to the need for additional examinations.

The Veteran's initial evaluation for coronary artery disease with pacemaker implant was denied as it did not meet the criteria for a higher rating prior to October 12, 2019. From October 12, 2019, to the present, his evaluation remains at 60 percent.,The Veteran's initial evaluation for residuals of right knee replacement associated with arthritis was denied as it did not meet the criteria for a higher rating prior to May 1, 2014.

The Board has decided to remand the cases of PTSD, left knee degenerative arthritis, and asthma for further examination and opinion.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting findings between various VA examinations, private evaluations, and treatment records. The claims are being returned for further examination and evaluation.

The Board has remanded the claims for service connection for various disabilities due to incomplete development. The Veteran's hypertension is rated at 10 percent, and no higher rating is warranted.

The Veteran's claims for increased ratings for his service-connected disabilities were denied as the evidence did not show that any of these conditions warranted a rating greater than 30 percent.,Specifically, the VA examinations and medical records indicated that none of the Veteran’s conditions met or approximated the criteria for a higher rating.

The Veteran's initial rating for left knee degenerative arthritis is denied, and his claims of service connection for a back disorder and sleep apnea are denied.