Knee decisions — 2020

The Board granted a separate 10 percent disability rating for left knee instability from September 12, 2016 and denied an increased rating in excess of 10 percent for left knee osteoarthritis.

The Board has granted the Veteran's claim for service connection for a left knee disability, arthritis (degenerative joint disease (DJD)), finding that there is at least equipoise evidence to support this determination.

The Veteran's diabetes mellitus type II was rated at 20 percent prior to January 12, 2017 and increased to 40 percent from January 12, 2017 to November 1, 2018.,From November 1, 2018 onwards, the Veteran's diabetes mellitus type II is rated at 40 percent.

The Board has remanded the service connection claims for bilateral hearing loss, tinnitus, colon cancer, COPD, heart disability, sleep apnea, peptic ulcer, hydrocele, type II diabetes mellitus, urothelial cancer (claimed as bladder cancer), cervical spine disability, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, right knee disability, and left knee disability. The cause of death claim is also remanded.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment, granting a total disability rating based on individual unemployability (TDIU) for the entire appellate period.

The Board has decided that the Veteran's asthma, right lower leg condition, bilateral hip condition, right thigh condition, and right knee condition should be remanded for further action due to incomplete service records.

The Board has remanded the issue of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities prior to June 29, 2020, for further development and readjudication.

The Board has remanded several issues related to the Veteran's service connection claims due to new evidence and outstanding records. The claims for right ankle, left ankle, right knee, left knee, lumbar spine, weakness and lack of coordination of legs, radiculopathy of lower extremity, PTSD with dissociative symptoms and derealization, allergic rhinitis, headache disability, chronic fatigue syndrome, chronic sinusitis, fibromyalgia, irritable bowel syndrome, respiratory disability, cervical spine disability, tremors of hands, and costochondritis are being remanded for further development.

The Veteran's claim for an increased rating for right knee arthritis from December 16, 2008 to October 15, 2019 was denied. The claim for a higher rating for the same condition from October 15, 2019 is also denied.,An earlier effective date prior to May 4, 2016 for a 20 percent initial disability rating for service-connected right knee instability has been granted. However, the issue of TDIU from December 16, 2008 to May 4, 2016 is still pending and will be remanded.,TDIU was granted from May 4, 2016 onwards.

The Board has remanded the claims for service connection for low back and bilateral knee disabilities due to incomplete medical opinions. The Veteran's current knee conditions are established, but VA needs to provide additional opinions addressing their etiology.

The Board has denied the Veteran's claims for service connection for right knee and right ankle disorders due to a lack of evidence showing that these conditions are related to his military service.

The Veteran's claim for a disability rating in excess of 20 percent for his service-connected postoperative residuals, left medial meniscectomy with internal derangement is denied.,Effective August 29, 2007, the Veteran was granted a 30 percent disability rating for instability of the left knee. However, this issue has been remanded due to insufficient evidence.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and consideration of outstanding VA treatment records.,The Veteran's claim for a higher initial rating for PTSD is also being remanded as there may be pertinent private treatment records that have not been obtained yet.,A TDIU rating will be considered, but the Veteran must complete a VA Form 21-8940 and provide any necessary authorization to obtain his private medical records.

The Board has denied increased ratings for right and left knee osteoarthritis, finding that the Veteran's functional loss does not warrant a higher rating. The TDIU claim is remanded due to insufficient information regarding the Veteran's employment status.

The Board denied the Veteran's claims for service connection for DM2 with ED, arthritis of the bilateral elbows and left knee to include gout, and bilateral sensorineural hearing loss. The effective date for the grant of service connection for DM2 with ED was set at July 24, 2007.

The Veteran's appeal for an increased initial evaluation of PTSD was denied. The Board also found that the issues regarding service connection for a narrowing of L4-5 disc and degenerative changes in right knee need to be remanded due to insufficient evidence.

The Veteran's appeal is being remanded due to uncertainty regarding the nature of her claims and potential eligibility for accrued benefits. The AOJ needs to clarify whether she is seeking substitution or accrued benefits, and then proceed with adjudication.

The Board has remanded the claims for service connection for right and left knee disabilities due to incomplete development from a previous remand. Further examination is needed to determine if any current bilateral knee disabilities are related to service.

The Board denied service connection for left knee, right knee, and right-hand disabilities due to lack of evidence showing a nexus between the conditions and service. Service connection was also denied for an acquired psychiatric disorder as there were insufficient stressor events reported by the Veteran.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee disability, low back disability, left foot disability, bronchitis, sinusitis, and headache. The case is returned to the AOJ for additional development.