Knee decisions — 2020

The Veteran's left knee disability, including post-operative residuals, meniscal tear, lateral instability, and ankle & knee arthritis, is rated at 30 percent since March 14, 2016. The issues of entitlement to higher ratings are remanded.

The Board denied service connection for a right knee disability and found that the Veteran was not entitled to TDIU from November 3, 2016 to October 16, 2018 due to her major depressive disorder. The issue of TDIU from October 16, 2018 onward is remanded.

The Board has remanded the claims for increased ratings for right and left knee disabilities due to ongoing issues with pain, stiffness, and functional limitations.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has granted entitlement to TDIU effective April 1, 2013.

The Board has determined that the Veteran's claims for service connection have been remanded due to the need for additional examinations and evaluations. The issues of service connection for various conditions, including bilateral hearing loss, back condition, tinnitus, headache condition, COPD, stomach issues, and bilateral knee condition are being returned to the RO for further review.

The Veteran's appeal for higher initial evaluations for her right knee disability and surgical scar was denied. The Board found that the preponderance of evidence did not support a rating in excess of 100% prior to December 1, 2014, and/or in excess of 30% thereafter.

The Board has granted service connection for right ear hearing loss, but denied service connection for left ear hearing loss and low back disorder and bilateral knee disorders.

The Board has dismissed the claims of entitlement to an initial rating in excess 10 percent for right knee degenerative joint disease, entitlement to an effective date prior to April 14, 2009, for the grant of service connection for right knee degenerative joint disease, and entitlement to a total disability rating based upon individual unemployability (TDIU) as the appellant did not perfect an appeal regarding these claims.

The Board has granted service connection for dementia, vertigo (lightheadedness/dizziness), migraines, and abdominal scar. The Veteran's gastrointestinal disorder, bilateral bunionectomies, gout, hypothyroidism, heart disease, hypertension, left hand arthritis, right knee arthritis, left knee arthritis, and lumbar spine disability are denied as not related to service.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for updated medical records, examinations, and development of his TDIU claim.

The Board has found that additional development is needed prior to final adjudication of the issue on appeal, including a new VA examination. The Veteran's right knee disability will be remanded for further evaluation.

The Veteran's initial ratings for various knee and shoulder disabilities, as well as his headache disability, have been granted. The right knee disability was initially rated at 10 percent prior to February 1, 2012, then upgraded to 30 percent since April 1, 2013 due to the need for a total knee replacement. For the left knee, he received a 30 percent rating from July 29, 2019 onwards, with limitations on extension and flexion. The right shoulder disability was initially rated at 20 percent prior to July 29, 2019, then upgraded to 40 percent since that date. For the left shoulder, he received a 30 percent rating from August 22, 2019 onwards. His headaches were initially denied but granted with a 30 percent rating starting February 15, 2018.

The Veteran's musculoskeletal disabilities of the right leg and arm are being remanded for further examination to determine if they are related to service.

The Board has granted service connection for the Veteran's residuals of right knee injury, finding that the evidence is at least in equipoise that this condition is related to active military service.

The Board has decided the rating for ulcerative colitis and remanded other issues related to service connection.

The Board has decided to remand several issues related to the Veteran's service connection claims, individual unemployability, and increased rating for right foot status post neuroma excision with residual scar. The decision also mentions that Social Security Administration records should be obtained.

The Board has remanded the issues regarding ratings for right and left knee disabilities due to insufficient basis in the June 2019 VA examination report. The Veteran is presumed to seek the maximum available benefit, so the issue remains on appeal.

The Veteran's service-connected bilateral knee and foot disabilities are found to be sufficient to prevent him from securing and following substantially gainful employment, warranting a TDIU on an extraschedular basis.

The Veteran's right knee instability is granted with a separate 10 percent rating since January 14, 2016. The left knee disability remains at a 10 percent rating for flexion and extension.

The Board denied service connection for left knee and right knee disabilities, finding that the preponderance of evidence did not support a finding of in-service injury or disease.