Knee decisions — 2020

The Veteran's service connection claims for left knee arthritis and left foot metatarsalgia were denied. The claim for a higher rating for right total knee replacement was granted with a specific effective date, while the claim for an initial rating in excess of 30 percent for right total knee replacement due to arthritis from December 1, 2019, was denied.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected disabilities, particularly his right shoulder disability and lumbar spine disability, caused or aggravated his obstructive sleep apnea (OSA).

The Board denied the Veteran's claims for service connection for bilateral knee, hip, and foot disabilities due to a lack of medical evidence linking these conditions to his military service.

The Veteran's appeal for an extra-schedular rating in excess of 60 percent for service-connected left knee status-post total arthroplasty was denied. The claimant also received separate ratings and special monthly compensation for chronic infections and loss of use of the left foot, respectively.

Service connection for dermatitis, bilateral ankle condition, and bilateral knee arthritis is denied.,Service connection for a bilateral neuropathic arthropathy of the feet secondary to service-connected diabetes is granted.

The Veteran's claims for increased evaluations of his service-connected orthopedic disabilities are being remanded due to inadequate examination reports and potential interrelatedness with other issues.

The appeal for service connection for a cervical spine disability is dismissed. The claims for increased rating of right knee scar, service connection for left knee disability (secondary to right knee), and service connection for low back disability (secondary to right knee) are remanded.

The Veteran's left knee disorder, characterized by limitation of extension and flexion, as well as instability, has been rated at 20 percent since January 11, 2012. The current rating adequately reflects the severity of his disability.

The Board has determined that the Veteran's right knee disability is service-connected as it is presumed to have been incurred during his active duty service.

The Veteran withdrew his appeals for service connection for spinal fracture, torn knee ligaments, and TDIU.

The Veteran's claims for increased ratings for left and right knee lost motion, as well as recurrent subluxation or lateral instability, were denied. The Board found that the evidence did not support higher ratings under any applicable diagnostic codes.

The Board has remanded the claims for service connection for bilateral lower extremity arthritis, right knee disability, and hypertension due to potential herbicide exposure. The Veteran's hypertension claim is being remanded for a new VA medical opinion considering recent Agent Orange update.

The Board has granted an effective date of June 15, 2010 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extra-schedular basis. The Veteran's left hip and right knee disabilities have had a profound effect on his ability to secure and follow a substantially gainful occupation since June 15, 2010.

The Veteran's claim for service connection for major depressive disorder, secondary to his service-connected tinnitus, is granted. The other issues on appeal are remanded.

The Veteran's claim for an initial rating in excess of 10 percent for left knee status post-surgery with degenerative joint disease is being remanded due to inadequate examination and the need for additional records.

The Board has granted a separate 10 percent rating for symptomatic removal of semilunar cartilage from the Veteran's February 21, 2013 meniscal tear surgery. The ratings for left knee chondromalacia patella and traumatic arthritis remain at 10 percent.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's pre-existing right knee disability was aggravated during service. The claim will be considered on the merits without requiring new and material evidence.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left knee disability, including residuals of an ACL tear, is related to his in-service injuries. The new VA medical opinion must consider the fact that an MRI detected the ACL tear not found on x-ray or physical examination during service.

The Board denied the Veteran's claims for higher ratings for his service-connected left knee limitation of motion and lateral instability, finding that the evidence did not meet the criteria for a rating higher than 10 percent.

The Veteran's left knee strain is granted service connection. The initial rating for bilateral hearing loss prior to March 7, 2019 and from March 7, 2019 are both denied. The initial rating for dermatitis of the hands prior to March 21, 2019 is denied, but a 10% rating is granted from that date.