Knee decisions — 2020

The Board has determined that additional development is needed to address the Veteran's claims for service connection and increased evaluation of his knee disabilities. The case will be returned to the Board after this development.

The Veteran's bilateral knee disabilities are being remanded for further development, including a new VA examination to assess the current severity of his conditions.

The Veteran's service-connected fibromyalgia and left knee disability result in loss of use of both lower extremities, qualifying for specially adapted housing. The appeal seeking a special home adaption grant is dismissed as the Veteran was found eligible for assistance in acquiring specially adapted housing.

The Veteran's left knee tricompartmental osteoarthritis with instability and lost motion are currently rated at the highest possible schedular ratings, but do not warrant a higher rating as they do not meet the criteria for any additional disability due to pain or other factors.

The Board has remanded the Veteran's claims for increased ratings for her left knee disability, lumbar spine disability, and sleep apnea due to lack of recent VA examinations. The earlier effective date claim is also remanded as the AOJ has not yet issued a Statement of the Case (SOC).

The Veteran's appeal is remanded for additional development on issues of service connection and initial ratings.

The Board has found that the Veteran does not have a current diagnosis of sleep apnea or intervertebral disc syndrome (IVDS) and therefore denied service connection for these conditions. The Board also found that there is no nexus between the Veteran's in-service tailbone injury and his current IVDS, thus denying service connection for IVDS. Service connection was remanded for bilateral lower extremity neuropathy and left knee patellofemoral pain syndrome.

The Board denied the Veteran's claim for service connection for right knee disability, including as secondary to his service-connected sarcoidosis. The evidence did not support a finding that the right knee disability was related to either the in-service injury or the service-connected condition.

The Veteran's claim for service connection for a left knee disability was granted, and he is now rated at 20% for his left ankle disability. The appeal regarding an increased rating for the left ankle disability is still pending.

The Veteran's combined disability rating prior to July 5, 2011 did not meet the schedular threshold for a TDIU. The case is remanded for referral to the Director of Compensation Service for extra-schedular consideration.

The Veteran's sleep apnea is rated at 50% and a TDIU is granted due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has remanded the cases for further development and medical opinions regarding the service connection of the Veteran's claimed left knee and low back disabilities, as secondary to his service-connected left ankle disability.

Service connection has been granted for cervical spine disability, right and left upper extremity radiculopathy. Service connection is denied for hypertension.,An increased rating of 20 percent for left lower extremity radiculopathy before March 23, 2020 was granted.

The Veteran's right knee sprain is granted as secondary to his service-connected left knee disability, effective April 23, 2007.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 due to a finding that his right above the knee amputation was not caused by VA's negligence or fault.

The Board has remanded the claims for residuals of a head injury, lumbar spine disability, and related conditions due to insufficient medical opinions regarding their etiology. The Veteran's service records indicate he had headaches in service but no definitive diagnosis or treatment.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and verifying stressor information.

The Veteran's service-connected disabilities did not meet the schedular rating requirements for a TDIU prior to December 20, 2017. The Board found that he was actually working at that time and therefore denied his claim.

The Veteran's claims for increased ratings of her knee and ankle disabilities, as well as a painful hernia scar, have been denied. The criteria for higher ratings under the applicable VA rating schedules were not met.

The Board has denied the Veteran's claims for service connection for a low back condition, right lower extremity nerve pain, left lower extremity nerve pain, and left knee condition.