Knee decisions — 2020

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment due to his physical impairments, which prevent him from performing the required tasks in a warehouse job.

The reduction of the Veteran’s disability rating for left knee disability from 40 percent to 10 percent effective January 1, 2020 was proper. The reduction of the disability rating for left knee subluxation from 10 percent to 0 percent effective January 1, 2020 was improper.

The Veteran's claims for arthritis, right knee; chondromalacia, Baker’s cyst, and possible fibroma, left knee; slipped discs of the spine (cervical and thoracolumbar); depression; and hypertension have been granted.

The Veteran's claims for increased ratings of his service-connected back disability, right and left lower extremity sciatic radiculopathies, and right and left knee strains were denied as a matter of law due to the Veteran's failure to report for required VA examinations without showing good cause.

The Board has decided that the Veteran's right knee disability is related to her service-connected left knee disability and remands for further examination.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence did not support a higher rating based on the criteria provided in the applicable diagnostic codes.

The Board has determined that new and relevant evidence supports readjudicating the claims for service connection for right knee osteoarthritis and left foot hammer toes and first MTP osteoarthritis. The Veteran's recent grant of service connection for left knee osteoarthritis in an August 2019 rating decision may support his secondary service connection claims.

The Veteran's claims for increased ratings were denied as his hip and knee disabilities did not meet the criteria for higher disability ratings under applicable diagnostic codes. The RO assigned separate ratings based on different issues, but the Board found that a single rating of 30 percent was more favorable than separate ratings.

The Board denied the Veteran's claims for service connection for a right knee condition, left knee condition, and hypertension. The evidence did not support a finding that these conditions were related to his military service.

The Board has decided that the Veteran's claim for service connection for a left knee disability, to include as secondary to service-connected left ankle sprain with residual pain, should be remanded due to inadequate examination and duty to assist.

The Board has denied the Veteran's claims for service connection for left knee disability, back disability, and right wrist disability due to a lack of credible evidence showing an in-service injury or disease related to these conditions.

The Veteran was granted a TDIU from October 30, 2018 to November 28, 2018. His claim for service connection for a heart disability is remanded and his temporary total rating based on hospital treatment in excess of 21 days for left knee disability is denied.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to inadequate examinations and failure to consider certain VA records.

The Veteran's claims for service connection for genu varum of both knees and knee replacements are denied as the evidence does not support a finding that any current disability began during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran's claims for service connection for left and right knee replacements are denied as the evidence does not support a finding that any current disability began during active service or is otherwise related to an in-service injury, event, or disease.

The Veteran's service-connected cervical spine IVDS, lumbar spine degenerative disc disease, and right knee degenerative joint disease are being remanded for further evaluation due to the need for additional examinations.

The Veteran's claims for increased ratings for right knee and right foot strains have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's degenerative disc disease of the lumbar spine with spondylolisthesis is rated at 10 percent prior to October 30, 2016 and at 40 percent thereafter. The Veteran's bilateral knee conditions are each rated at 10 percent.,The Veteran’s degenerative joint disease of the left knee is rated at 10 percent.,The Veteran’s degenerative joint disease of the right knee is rated at 10 percent.

The Veteran's TDIU and SMC based on the need for aid and attendance are granted. The right hand burn scar residuals rating is remanded due to insufficient examination findings.

The Veteran is unable to maintain substantially gainful employment due to service-connected disabilities since March 1, 2014. The Board finds that the criteria for a TDIU have been met from this date.

The Board denied the Veteran's claim for a total disability based on individual unemployability due to service-connected disabilities because her combined evaluation of service-connected disabilities did not meet the schedular criteria for consideration of a TDIU, and she failed to submit necessary evidence required to establish her entitlement to a TDIU.