Knee decisions — 2020

The Board has determined that the Veteran's right knee strain does not warrant a rating in excess of 10 percent, as his range of motion is within normal limits and there is no evidence of additional functional loss due to pain or other factors.

The Board denied the Veteran's appeal for recoupment of separation pay in the amount of $10,579.20 through withholding of VA disability compensation payments because only the left knee disability was compensable during his first period of service and thus only that part of the separation pay should be recouped.

The Veteran's claims for increased evaluations and effective dates are remanded due to the need for additional medical examinations.

The Veteran's claims for increased ratings for his knee and lumbar disabilities were denied. A TDIU was granted effective October 1, 2018.

The Veteran's appeal for a higher rating for left knee DJD and TDIU was denied. The Board found that the evidence did not support a higher rating for left knee DJD, as it did not meet the criteria for a rating in excess of 10 percent under DCs 5260-5262. For TDIU, the Veteran's combined disability rating is 80%, and he has met the schedular requirements since October 2011. However, there was no evidence showing that his service-connected disabilities have precluded him from gainful employment.

The Board has remanded the claims for service connection for various conditions, including right knee, finger, ankle, and back issues due to a finding of no diagnosis without considering Saunders v. Wilkie.

The Board has denied service connection for a lumbar spine disability and a right knee disability, finding that the preponderance of evidence is against these claims.,Service connection was not granted as there is no direct evidence linking the current disabilities to service. The Veteran's post-service treatment records do not show chronic conditions related to his military service.

The Board has remanded several issues for further development and clarification, including the reopening of a schizophrenia claim and service connection for various psychiatric disorders. The Veteran's right ovary wedge resection is also being addressed with a separate rating.,Additional medical records need to be obtained from SSA and attempts should be made to obtain her full service personnel records.

The Veteran's claim for TDIU was denied as he did not meet the schedular criteria and there is no evidence of unemployability due to service-connected disabilities.

The Board denied service connection for right and left knee disorders, as well as bilateral hearing loss and tinnitus. The evidence did not show that these conditions were incurred or aggravated by military service.,There is no clear and unmistakable evidence showing a pre-existing condition of the Veteran's knees or ears was aggravated by service.

The appeal as to PTSD is dismissed because it was granted in a January 2020 rating decision. The back and left knee disability appeals are remanded.

The Board has decided to remand the Veteran's claims for additional development due to missing Social Security Administration records and military personnel records, which could provide evidence of service connection or higher ratings.

The Veteran's appeal for a disability rating of 60 percent for left knee status post total knee replacement is granted effective January 5, 2016.,The appeals on service connection for cervical spine condition and increased rating for nerve damage, lateral surface of the distal left lower leg, saphenous nerve are dismissed.

The Veteran's claims for service connection for tinnitus, gastroesophageal reflux disease (GERD), bilateral hearing loss disability, and left knee disability are remanded due to the need for additional medical opinions.

The Veteran's claims for service connection for various conditions, including hemorrhoids, microscopic hematuria, obesity/weight gain, bilateral knee disability, hypothyroidism and nodular disease, chronic fatigue syndrome (CFS), hypertension, gastrointestinal disability, and kidney disability have all been denied. The Board found that the evidence did not establish a causal link between these conditions and service.

The Board has decided to remand the claim of service connection for osteochondritis dessicans of the left knee due to additional development being required, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's preexisting condition was aggravated by his military service.

The Board has denied the Veteran's claims for service connection for residuals of a deviated septum and right knee disorder, finding that there is no current disability related to these conditions.

The Board has remanded the Veteran's claims for COPD, multiple joint disabilities, and other service connection issues due to inadequate etiology opinions provided by VA examiners. The claims are being returned for further development.

The Veteran's left knee and right knee degenerative joint diseases were rated at 10% prior to the specified dates, but denied increased ratings.,PTSD was rated at 30% prior to August 26, 2016, and denied an increase in rating.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no evidence of chronic arthritis in service or within the applicable presumptive period. The Board also found that the current diagnosis of arthritis did not stem from herbicide exposure.