Knee decisions — 2020

The Board has remanded the case for additional development, including obtaining a VA medical opinion regarding the Veteran's service-connected right knee disability and ensuring that any outstanding records are associated with the claims file.

The Board has granted service connection for left knee degenerative joint disease and remanded the issue of service connection for urinary incontinence secondary to service-connected disabilities.

The Board denied service connection for back disorder, right wrist disorder, bilateral knee disorder, and deviated septum as there is no evidence of their onset or aggravation during active duty.

The Veteran's right ear hearing loss is granted, but her excessive menstrual bleeding and knee disabilities are denied. The cases for left hand tremors and right hand tremors are remanded.

The Veteran's initial compensable rating for GERD prior to November 6, 2017 is denied.,An initial disability rating in excess of 10 percent for left knee disability is denied. The Veteran's shoulder disability remains rated at 20 percent.

The Board denied the Veteran's claims for service connection for right and left knee conditions, finding that there was no evidence to support a link between his current knee conditions and his military service.

The Board has remanded the issues of service connection for left knee disorder, right shoulder disorder, and kidney disorder due to new evidence received since the April 2015 decision. The Veteran's claims are now pending again.

The Board has dismissed the appeals for increased disability ratings for bilateral knee strain and lumbosacral strain as they are no longer part of the legacy appeal system, which was replaced by the Appeals Modernization Act (AMA).

The Veteran's service-connected disabilities do not render him unemployable, and his claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Board denied the Veteran's claim of CUE in a May 1970 rating decision that assigned a 10 percent evaluation for scars of the left lower extremity with retained foreign body at the calf and knee. The Board found no clear and unmistakable error, as the evidence did not demonstrate it was undebatable that a higher rating was warranted.

The Veteran's bilateral knee conditions were evaluated, with a 10% rating for right knee retropatellar pain syndrome and left knee medial meniscus tear and chondromalacia prior to July 23, 2018. A 20% rating was granted from that date onwards. Service connection for tinnitus was established, while the Veteran's left ankle condition was denied.

The Veteran's claims for service connection were denied as new and material evidence had not been submitted to reopen the hepatitis C claim, and his PTSD, acquired psychiatric disorder (other than PTSD), low back condition, left knee condition, bilateral hearing loss, respiratory disorder, and cirrhosis of the liver claims were all denied due to lack of a causal relationship between service and these conditions.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,The Veteran was granted service connection for tinnitus and bilateral hearing loss on April 16, 2018. The right shoulder strain rating has been increased to 20 percent since June 26, 2018. Service connection for left lower extremity radiculopathy was established on the same date.,The Veteran's bilateral hearing loss and tinnitus have no effective dates earlier than April 16, 2018.,Right shoulder strain has an effective date of June 26, 2018. The left lower extremity radiculopathy was granted service connection on the same date.,The Veteran's left hamstring injury residuals and lumbar strain have no effective dates earlier than April 16, 2018.,Left knee strain has an effective date of June 26, 2018. The Veteran's right shoulder strain rating was increased to 20 percent on the same date.,The Veteran's lumbar strain and left knee strain have no effective dates earlier than April 16, 2018.

The Board denied the Veteran's claims of service connection for bilateral knee condition and back condition, finding that there was no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for left lower extremity radiculopathy as secondary to her left knee patellofemoral syndrome and TDIU due to her service-connected disabilities. The evidence did not show a current diagnosis of left lower extremity radiculopathy, and the VA examiners concluded that the Veteran’s symptoms were related to her musculoskeletal disability rather than a neurological condition.

The Veteran's disability ratings for the period on appeal were sufficient to meet the criteria for special monthly compensation (SMC) based on statutory housebound status under 38 U.S.C. § 1114(s). The combined disabilities met the requirement of a single service-connected disability rated at 100 percent and additional service-connected disabilities collectively ratable at 60 percent.

The Board has ordered a remand due to the lack of compliance with previous remand instructions regarding an addendum opinion for service connection for right knee status post meniscus tear with degenerative arthritis, as secondary to the service-connected left ankle disability.

The Board has remanded the case due to incomplete development and will adjudicate the claim on the merits.

The Veteran's left knee disability is rated at 40 percent for limitation of extension and a separate 10 percent rating for limitation of flexion. The Veteran’s meniscal tear is rated at 20 percent prior to September 26, 2017.,Issues related to service connection for back disability, left leg radiculopathy, and TDIU are remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including for right hip disability, left hip disability, peripheral neuropathy, Parkinson’s disease, cervical degenerative disc disease, spinal stenosis, and other conditions. The VA is instructed to obtain the Veteran's SSA records.