Knee decisions — 2020

The Board has remanded the claims for service connection for right shoulder, left shoulder, left knee, and left foot disabilities due to a Joint Motion for Partial Remand (JMPR) filed by the parties. The appellant contends her current disabilities are related to military physical training over time.

The Board has remanded the claims for service connection of right and left knee disabilities (meniscus tear) secondary to service-connected intervertebral disc syndrome (IVDS). The case is returned to the RO for further development.

The Board has decided that a new VA examination is needed to assess the current severity of the Veteran's right knee disability, as there was no recent examination and the Veteran testified that symptoms have worsened since the last one.

The Veteran's left knee disability is rated at 20 percent since January 4, 2019. The rating was increased from the previous 10 percent prior to that date.

The Board has remanded the TDIU claim due to incomplete documentation, including a lack of verification of incarceration dates and missing SSA records. The Veteran needs to provide completed VA Form 21-8940 and undergo a functional impact assessment.

The Veteran's claims for increased ratings and service connection were denied. The decision also noted that the Veteran's right hip disorder was not related to active service or caused by a service-connected disability.

The Board has granted the Veteran's applications to reopen his claims for service connection for left knee, right knee, left shoulder, and low back disorders. However, the appeals were denied as there is no evidence that these conditions are related to service.

The Veteran's claim for service connection for bilateral hearing loss was reopened, and he is now granted initial disability ratings for his lumbar spine condition, right knee strain, left knee strain, and TDIU.

The Veteran's service-connected right knee disability, including patellofemoral syndrome and a partial patellar tear, is rated at 20 percent. The left knee disability, also patellofemoral syndrome, remains at 10 percent. Separate ratings of 10 percent are granted for instability in both knees prior to August 14, 2019. After that date, the Veteran's right and left knee disabilities remain rated at 10 percent.

The Veteran's claims for increased ratings and service connection have been remanded due to incomplete development of the record, including failure to obtain STRs and VA treatment records. The AOJ is instructed to ensure all requested actions are completed.

The Board has remanded the Veteran's claims for bilateral knee disability, bilateral foot disabilities, bilateral hearing loss, and tinnitus due to inadequate medical opinions in the June 2016 VA examinations. The case is returned to the RO for further action.

The Board has determined that there was not substantial compliance with the prior remand directives and has therefore remanded the claims for lumbar spine, left knee, and left ankle/foot disabilities due to military service.

The Board has decided to remand the cases due to insufficient examination findings and needs further evaluation of the Veteran's knee disabilities.

The Veteran's left knee disorder based on limitation of motion prior to August 2, 2012 was not rated higher than 10 percent.,The Veteran's left knee disorder based on instability from May 25, 2016 did not meet the criteria for a rating in excess of 30 percent.

The Veteran's initial higher ratings for limitation of flexion of the right knee and left knee prior to March 28, 2014 have been denied. The Veteran has received a separate rating for instability in both knees since March 28, 2014.

The Board has granted service connection for a back disorder (lumbosacral strain) and a right hip disorder (trochanteric pain syndrome), both found to be secondary to the Veteran's service-connected right knee DJD status post ACL reconstruction.,Service connection was denied for a right leg disorder, other than right knee DJD.

The Veteran's appeal for service connection for bilateral hearing loss has been withdrawn.,The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for left knee patellofemoral syndrome and for a disability rating in excess of 50 percent for posttraumatic stress disorder.

The Veteran's claim for a higher rating for bilateral hearing loss is denied, and the Board finds that he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's appeal is remanded due to unclear recoupment of her disability severance pay from September 2011 to February 2019. A detailed audit needs to be performed to determine the precise amount that was withheld.

The Veteran's appeals for increased ratings for cervical spine and left knee conditions have been dismissed due to the appellant's withdrawal of the appeal.