Knee decisions — 2020

The Veteran's claim for an evaluation higher than 30 percent for service-connected insomnia prior to August 20, 2012 has been dismissed as the earlier effective date for major depressive disorder (MDD) with insomnia rendered the issue moot.,The combined disability rating from August 9, 2017 is denied as it does not exceed 80 percent.,The combined disability rating from April 11, 2018 is denied as it does not exceed 90 percent.,The combined disability rating from June 14, 2019 and August 1, 2020 is denied as it does not exceed 100 percent.,The initial evaluation for service-connected right shoulder strain with arthritis after October 1, 2018 remains unchanged.

The Veteran's right knee disability is rated at 60 percent from February 1, 2013. The rating is granted as the condition meets the criteria for a chronic residual consisting of severe painful motion or weakness.

The Veteran's service connection claims for bilateral pes planus, right ear hearing loss, left ear hearing loss, and a left hip disorder were denied. The claim for tinnitus was granted.,Service connection for the Veteran’s right hip disorder, left knee disorder, and right shoulder disorder was not established.

The Veteran's initial compensable evaluations for hypertension and hepatitis A have been denied. The claims for service connection of bilateral hearing loss, low back disability, left knee disability, and left hammer toe are remanded due to the need for additional records and medical opinions.

The Veteran's claims for an earlier effective date and increased ratings were denied as there was no factually ascertainable increase in disability during the year prior to April 26, 2011. The Board found that the Veteran did not meet the criteria for a higher rating due to his right knee instability.

The Board denied the Veteran's claims for service connection for various hip, knee, wrist, elbow, and shoulder disabilities, finding that there was no evidence of in-service disease or injury, and that any current conditions are not related to her active military service.

The Board has remanded the cases for additional development, including obtaining treatment records and an addendum opinion from a VA examiner. The TDIU claim is also remanded as it may be affected by the outcome of the higher evaluation claim.

The Board has remanded the Veteran's claims of entitlement to higher ratings for his right knee limitation of motion and internal derangement due to inadequate examination findings. The claims are being returned for further development.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the current severity of his right knee disability.

The Board has remanded the claims for a right knee disability, left knee disability, and DDD of the lumbar spine due to incomplete medical opinions in the record. Further development is needed.

The Board denied the petitions to reopen previously denied claims for service connection for left knee disability, left ankle disability, and right ankle disability. The claim for upper respiratory disability other than service-connected laryngeal spasms was also denied.

The Veteran's appeals for overpayment, service connection for sleep apnea, increased ratings for GERD, right knee disability, lumbar spine disability, and radiculopathy of the lower extremities have been dismissed due to withdrawal by the Veteran's attorney.

The Veteran's claim for higher ratings for his left knee disability was denied. The maximum schedular rating of 30 percent has been in effect since October 20, 2008, and the Veteran is not entitled to a higher rating under Diagnostic Codes 5257 (for lateral instability), 5260 (limitation of flexion), or 5261 (limitation of extension).,From April 2, 2013 to September 2, 2013, the Veteran's left knee disability was rated at a separate 40 percent for limitation of extension. However, from November 1, 2014 to November 6, 2015, he received a 60 percent rating for total left knee replacement due to severe painful motion.

The Board has granted service connection for right and left knee disabilities as secondary to the Veteran's service-connected lumbar spine disability with left lower extremity radiculopathy. The case is remanded for further examination and opinion regarding a higher rating for lumbar strain, a higher rating for ulnar neuropathy, and service connection for OSA.

The Board denied service connection for right and left knee disabilities, finding that the evidence did not support a link between the current conditions and active service.

The Board has remanded the Veteran's claims of entitlement to initial disability ratings in excess of 10 percent for his service-connected thoracolumbar spine, left knee, right knee, left ankle, and right ankle disabilities due to insufficient evidence from VA examinations conducted during a flare-up.

The Veteran's service-connected disabilities, including his cervical spine disability and peripheral neuropathy of all extremities, rendered him unable to secure or follow substantially gainful employment prior to April 23, 2008.

The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.

The Veteran's claims for service connection for right and left knee disabilities, as well as migraines secondary to residuals of fractured sternum, are being remanded due to the need for additional medical opinions.,An effective date of May 25, 2010, is granted for the award of service connection for residuals of fractured sternum.

The Veteran's claims for service connection have been reopened, but the issues of entitlement to service connection for various conditions remain pending and need further examination and consideration.