Knee decisions — 2020

The Veteran's RLE radiculopathy is currently rated at 20 percent, and the Board has remanded the issue of whether it warrants a higher rating. The claim for service connection for a hip or knee disorder secondary to service-connected disabilities remains pending.

The Veteran's appeal for service connection for gastrointestinal symptoms due to Gulf War Syndrome has been dismissed.,Service connection has been granted for a right knee condition and bilateral wrist tendonitis.

The Veteran's right knee disability is currently rated as 10 percent disabling for retro-patellar pain syndrome and the left knee instability is rated at 10 percent. The Veteran seeks higher ratings.,The Veteran’s left knee meniscus disability has been granted a separate evaluation of 20 percent.

The Veteran's claims for increased ratings for his service-connected residuals of left knee injury with relaxed lateral collateral ligaments and chondromalacia of the left knee with limited motion were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has decided to remand the claims for tinnitus, bilateral hearing loss, left knee disorder, and back disorder due to incomplete medical records. The AOJ is instructed to attempt to obtain these records and then schedule VA examinations if necessary.

The Veteran's claims for service connection for a right knee disability, erectile dysfunction, and bilateral hearing loss are being remanded due to incomplete development.,An effective date earlier than September 24, 2014 for the award of sleep apnea is denied.

The Veteran's right knee patellofemoral pain syndrome is productive of painful, but otherwise noncompensable motion. The Board denied an initial disability rating higher than 10 percent for the service-connected condition.

The Board has remanded the claims for service connection for osteochondritis dissecans of both knees due to a failure to obtain VA medical records from Montrose, New York.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate medical examinations in March 2013 and February 2016. The RO is instructed to request addendum retrospective opinions from the VA examiners or another appropriate examiner.

The Veteran's appeals for increased ratings and TDIU have been remanded due to the need for additional VA examinations, as well as the unavailability of his current contact information. The appeal seeking a TDIU remains inextricably intertwined with the increased rating claims.

The Board has remanded the Veteran's claims for additional development due to a failure to report for a VA examination.

The Veteran's left trochanteric bursitis and left knee osteoarthritis, impairment of femur have been rated based on their respective limitations. A separate 30 percent rating has been granted for the left trochanteric bursitis due to limitation of flexion, effective from February 7, 2018. The Veteran's left knee osteoarthritis, impairment of femur has received a 20 percent rating based on limitation of flexion and a separate 40 percent rating for limitation of extension, both effective from February 7, 2018.

The Veteran's bilateral knee disabilities and hearing loss prevent him from performing the physical and mental acts required for employment, meeting the criteria for compensation for Total Disability based on Individual Unemployability (TDIU).

The Veteran's claims are being remanded due to the need for additional medical examinations and development of evidence. Specifically, an updated VA examination is needed to assess the severity of his left knee disability, including during flare-ups. The issues of TDIU and DEA benefits earlier effective dates are also being remanded.

The Board denied service connection for osteoarthritis, shoulder, hip, knee, and hand disabilities as well as a sleep disorder. The evidence did not support the Veteran's claims that these conditions were related to his military service.

The Board has determined that further development is necessary before a decision on the merits may be made for the issues of evaluation in excess of 10 for left knee complex tear of medial meniscus and chronic ACL tear, entitlement to a compensable rating for left knee scar, and total disability rating based on individual unemployability due to service-connected disability.

The Board has denied the Veteran's appeal for a rating in excess of 10 percent for his right knee disability, finding that the December 2010 rating decision contained clear and unmistakable error (CUE) regarding the temporary total evaluation. The Veteran's current condition is characterized by limited flexion and extension.

The Board has denied a higher rating for cervical spine osteoarthritis and has remanded the issues of service connection for right knee condition and lumbar spine condition.

The Veteran's claims for higher ratings for his service-connected bilateral shin splints and patellofemoral syndrome are remanded due to the need for a new VA examination to assess the current severity of these conditions, including any additional diagnoses such as right knee osteoarthritis or meniscal tear.

The Veteran's claims for a higher rating for his left knee disability and TDIU are being remanded due to the need for additional development, including a new VA examination for the left knee and further development of the TDIU claim.