Knee decisions — 2020

The Veteran's claims for service connection for a right shoulder disability and TDIU have been remanded due to the need for further development.

The Board denied the Veteran's claims for service connection and increased ratings, finding no evidence to support his assertions or that his conditions are related to service. The Veteran was granted a TDIU and basic eligibility for Dependents' Education Assistance.

The Veteran's left knee degenerative joint disease is currently rated as 10 percent disabling based on painful motion. A separate 10 percent rating for instability has been granted.,Right knee degenerative joint disease is not rated higher than noncompensable due to lack of flexion limitation, but a separate 10 percent rating for instability has been granted.

The Veteran's bilateral foot disability, right knee patellofemoral syndrome with arthritis from August 31, 2010 to July 4, 2019, and left knee patellofemoral syndrome with arthritis on and after July 5, 2019 are all granted. The Veteran's service connection for these conditions is based on aggravation of a preexisting condition during active duty.

The Veteran's right knee arthritis and meniscus tear have been rated based on their respective conditions. The rating for the arthritis has been remanded, as well as a claim for TDIU.

The Board has remanded the Veteran's claims for a higher disability rating for left knee patellofemoral syndrome and entitlement to TDIU prior to May 6, 2013 due to insufficient examination findings regarding knee instability. The AOJ is instructed to obtain an addendum opinion clarifying whether the Veteran experiences left knee instability based on his lay statements and treatment records.

The appeal for service connection of multiple conditions has been dismissed due to the death of the appellant.

The Veteran's claims for service connection, increased ratings, and earlier effective dates have been dismissed. A rating of 50 percent has been granted for posttraumatic cephalgia with migraine headaches from September 19, 2011 to June 17, 2014.

The Veteran's right knee arthritis is currently rated 10 percent disabling, and the appeal for a higher rating has been denied.,Since April 15, 2017, the Veteran has received a separate 20 percent rating for his right knee meniscus tear.

The Veteran's claim for a rating greater than 10 percent for residuals of contusion, left knee with traumatic arthritis was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or arthritic changes involving two or more major joints. For TDIU, the Veteran had multiple service-connected disabilities including malignant tumor and metastasis, but his 100% schedular rating for one disability rendered the issue moot.

The Board has remanded the claims for increased ratings for left and right knee disabilities due to insufficient evidence. The AOJ must obtain any missing medical records, including those from the Veteran's knee surgery, and provide a new VA examination to assess the severity of the knee disabilities.

The Board has remanded the issues of service connection for left knee, right hand, left hand, and low back disabilities due to incomplete records. The Veteran's claims are pending.

The Board has remanded the claims for an initial disability rating in excess of 10 percent for service-connected right knee injury and entitlement to a TDIU due to service-connected disabilities. The AOJ is required to obtain updated authorization and request emergency treatment records, schedule a new VA examination, and address these issues.

The Veteran's right and left knee chondromalacia with limitation of motion in flexion are granted a 20 percent rating, but no higher. Separate 10 percent ratings for instability are also granted.

The Board has granted the Veteran's claims for service connection for bilateral knee disability and denied his claim for service connection for hypertension, to include as secondary to major depressive disorder. The decision is based on evidence showing that the Veteran's current bilateral knee disability is related to injuries sustained during active duty service, while the preponderance of the evidence does not support a finding that his hypertension condition is related to his service-connected major depressive disorder.

The Veteran's claims for an increased rating for his left knee disability and TDIU are being remanded due to inadequate development. The case is also intertwined with the TDIU claim.

The Veteran's claims for residuals of frostbite of the bilateral feet and right knee condition (to include arthritis) have been denied. The claim for service connection for a right foot bunionectomy has resulted in a rating increase to 10 percent.,New evidence was submitted to reopen the claims for right foot hammertoes and right foot plantar calluses, but not for residuals of frostbite of the bilateral feet or right knee condition (to include arthritis).,The Veteran's claim for service connection for right foot hammertoes is remanded due to insufficient medical opinion on direct service connection. The same applies to his claim for service connection for right foot plantar calluses.

The Veteran's disability ratings for his service-connected lumbar spine, right knee osteoarthritis, right knee instability, and left knee osteoarthritis are being remanded for additional development. The TDIU claim is also being remanded.

The Board has found that there has not been substantial compliance with the directives of its February 2018 remand and thus another remand is warranted for a VA examination to assess the current severity of the Veteran's right knee disability.

The Veteran's left knee subluxation and right knee subluxation are granted with specific ratings, effective from August 7, 2013 to the respective dates noted.