Knee decisions — 2020

The Board dismissed the appeals of service connection for neck condition, back condition, left knee condition, and post-operative right knee condition as they were withdrawn by the Veteran. The petition to reopen the previously denied claim for acquired psychiatric disorder was granted due to new and material evidence being submitted.

The Board dismissed the appeal due to the appellant's death, and no service connection claims were decided.

The Board denied service connection for left and right knee disabilities, back disability, and bilateral foot disability. The Veteran's claims were based on his contention that these conditions are related to his active military service.,The VA examiner found no evidence of a pre-existing condition in the Veteran’s knees or back during service, and concluded that any current conditions are not due to or caused by his military service.

The Veteran's appeals for service connection on several conditions have been withdrawn. The claims for right ankle disability, chronic kidney disability, and PTSD rating are being remanded due to the need for additional examination or evidence. The claim for chronic kidney disease has been reopened based on new evidence.

The Veteran's lumbosacral strain and right knee disability are being remanded for further examination and rating considerations.

The Board has granted a TDIU on an extraschedular basis prior to July 27, 2016 due to the Veteran's service-connected disabilities preventing her from securing or following substantially gainful employment.

The Veteran's right knee disability, including degenerative joint disease, residuals of meniscectomy, and fracture, is currently rated at 10 percent. The Board denied increased ratings for these conditions.

The Board has remanded the case due to insufficient evidence in the VA examination report, particularly regarding the Veteran's right knee disability during flare-ups. The Veteran needs a new VA examination that complies with Correia and Sharp.

The Board has remanded two claims: one for service connection for a right knee disability and another for service connection for an acquired psychiatric disorder, including PTSD, MDD, and panic disorder. The right knee claim is remanded due to the need for VA examination and medical opinion regarding the nature and etiology of the claimed right knee disability. The psychiatric disorder claim is remanded because evidence pertaining to the Veteran's alleged military sexual trauma (MST) incidents has not been provided.,The Board also noted that the Veteran’s service records indicate she served from May 1983 to June 1985, and her current diagnoses include PTSD, MDD, and panic disorder. The Veteran testified during a hearing before the Board that her gait was altered by her service-connected lumbar spine disability which worsened her knee.

The Board denied the Veteran's claim for service connection for a left knee disability, finding that there was no clear and unmistakable evidence of pre-service existence or aggravation during service. The Board concluded that the Veteran’s current condition is more likely due to his work in heavy labor post-service.

The Board denied the Veteran's claim for an earlier effective date of May 30, 2006 for his TDIU due to unemployability caused by service-connected disabilities. The Board found that it was not factually ascertainable that the Veteran became unemployable within a year before filing his claim.

The Veteran's appeals for increased evaluations of his service-connected disabilities have been dismissed due to the appellant's withdrawal of the appeal.

The Board denied a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, finding that he is not precluded from securing or following substantially gainful employment.

The Board granted service connection for left upper extremity cervical radiculopathy and an initial 20 percent rating for degenerative joint disease right knee, status post arthroscopy meniscal surgery from November 19, 2013 to June 14, 2015.

The Veteran's appeal is remanded due to the need for additional development regarding his hypertension and service connection claims.,His left and right knee disabilities are currently rated as 10 percent each, with no higher ratings being granted.

The Board denied service connection for various disabilities, including back, left knee, right knee, gastrointestinal issues, PTSD, and memory loss/Alzheimer's/dementia. The primary reason was the lack of a nexus between these conditions and active service.

The Board has decided to remand the claims for right wrist ulnocarpal impaction syndrome, patellar subluxation of the right knee, surgically repaired right ankle sprain, and left knee disorder due to insufficient evidence from previous VA examinations. The Veteran will need to be scheduled for additional VA examinations.

The claim to reopen service connection for right knee disability is granted. The claims for increased ratings for left knee instability and osteoarthritis are denied, with the latter being remanded due to new evidence indicating ankylosis. The claim for bilateral hearing loss is denied. Service connection for acquired psychiatric disability and TDIU are also remanded.

The Veteran's auditory condition is not service-connected as there is no current diagnosis of a hearing loss disability for VA purposes.,The Veteran's right knee condition is secondary to his service-connected back condition and has been granted service connection.

The Veteran's right knee instability and meniscus problems are granted a 10% rating, while his left knee arthritis is granted a 10% rating. The cervical spine and lumbar spine disabilities remain denied.