Knee decisions — 2020

The Veteran's appeal for a higher disability rating for his right knee replacement surgery was denied by the Board of Veterans' Appeals. The current 30 percent rating is considered appropriate given the Veteran's limited range of motion and pain, which do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has denied the Veteran's claims for service connection for right ankle disorder, left ankle disorder, right knee disorder, left knee disorder, and lumbar spine disorder as they are not shown to be related to his active duty service.

The Board has identified the need to obtain additional medical records and remands the case for further development.

The Veteran's claims for service connection for erectile dysfunction, skin disability, left knee disability, BTM, and headaches have been denied. The Veteran's psychiatric disability claim is remanded.,The Veteran's psychiatric disability claim includes PTSD, depression, and anxiety. A VA examination is needed to determine the nature and etiology of these disabilities.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his right knee disabilities due to incomplete VA examination records. The Veteran must be provided with a new VA examination, and any updated treatment records should be reviewed before readjudication.

The Veteran's claims for a compensable disability rating for bilateral hearing loss, service connection for hepatitis C, and left and right knee disabilities have been remanded due to the need for additional development.

The Board has remanded the claims for an initial rating in excess of 10 percent for healed partial ACL tear of the right knee with arthritis and for an initial rating in excess of 30 percent for PTSD due to additional development being required.

The Board has reopened the Veteran's previously denied claims for service connection for left knee disability, lumbosacral spine osteoarthritis, and left shoulder osteoarthritis. The claim for obstructive sleep apnea secondary to PTSD is remanded due to insufficient evidence.

The appeal for an initial compensable rating for bilateral hearing loss is dismissed. The appeal for a higher disability rating for right knee degenerative arthritis, status-post surgeries, is remanded.

The Veteran's right knee injury, neck condition, and radiculopathy of the right upper extremity are all granted. The right knee injury is granted as service-connected. For the neck condition, a 30 percent rating is granted from April 5, 2018, thereafter. For the radiculopathy of the right upper extremity, a 20 percent rating is granted from July 31, 2006, to April 4, 2018, and a higher rating is denied starting from April 5, 2018.

The Veteran's appeal for increased ratings was denied. The claim for an evaluation in excess of 30 percent for left knee disability prior to October 23, 2019 is denied. A separate 10 percent rating for lateral instability from April 20, 2011 until November 2, 2013 was granted. The Veteran's claim for TDIU was granted.

The Board denied service connection for chronic neck pain, left and right knee pain, loss of use of a creative organ (presumed to be erectile dysfunction), and psoriasis as the evidence did not support these claims.,Service connection was also denied for bilateral hearing loss and tinnitus, and entitlement to a total disability rating based on individual unemployability (TDIU) due to PTSD with depressive disorder and stimulant use disorder.

The Veteran's claims for service connection for brain disease due to trauma, PTSD, major depressive disorder, shoulder pain, bilateral knee condition, emphysema with asthma, and sleep apnea have been remanded by the Board.,The appeals are currently pending before the Board.

The Veteran's claims for higher ratings for his knee disabilities are being remanded due to incomplete service treatment records.

The Veteran's service connection claims for migraines, tremors (initially claimed as stroke residuals), sinusitis, respiratory disability, lumbar spine disability, bilateral knee disability, and right hip disability are all remanded due to insufficient medical opinions regarding the relationship between these conditions and her military service.,Specifically, the VA examiner's opinions on the causes of migraines and tremors were inadequate. The examiner did not address the Veteran’s lay statements about symptoms during and since active duty.

The Board has reopened the Veteran's claim for service connection of a right knee condition due to new and material evidence. The case is now remanded for further development, including obtaining VA treatment records and scheduling a VA examination.

The Board has ordered additional development for the Veteran's claims due to errors in prior determinations and inadequate medical opinions.

The Board has remanded the Veteran's claims for service connection and rating of his bilateral pes cavus, right knee disability, and left hip disability due to inadequate examination opinions.

The Board denied service connection for sleep apnea, finding that the Veteran did not have a current disability and there was no evidence of an in-service injury or illness. The Board also found that there is no causal relationship between GERD (service-connected) and sleep apnea.,The Board remanded the issue of service connection for left knee disability secondary to right ankle sprain, as VA-developed medical evidence had not been addressed.

The Veteran's hypertension is currently rated at 10 percent, which is the maximum schedular rating under applicable criteria.,The Veteran’s left wrist disability is currently rated at 10 percent and no higher as per the applicable rating schedule.