Knee decisions — 2020

The Veteran's requests to reopen claims for service connection for bilateral knee degenerative joint disease and lumbar spine degenerative arthritis were denied. The Board found no new and material evidence, and the VA examinations did not establish a link between the current conditions and military service.

The Board denied compensation under 38 U.S.C. § 1151 for VA medical treatment and care in 2012, which included left leg below the knee amputation (BKA), right hip replacement, deep vein thrombosis, pulmonary emboli, erectile dysfunction, and depression, due to lack of evidence showing VA negligence or fault.

The Board denied the Veteran's claim of service connection for a right knee disability, finding that his current condition is less likely caused by or aggravated by his active duty service.

The Veteran's right knee limitation of flexion is not rated higher than 10 percent, and a separate rating for the meniscal disability has been granted. The back disability secondary to the right knee disability is also service-connected.,The Veteran’s right knee condition remains at 10 percent, but he now receives an additional 20 percent for his meniscal disability. His back disability, diagnosed as DDD, is rated at 10 percent.

The Board has found that further development is needed for the issue of entitlement to an initial evaluation in excess of 20 percent disabling for service-connected left knee strain, previously rated as a left knee condition. The case will be returned to the Board after compliance with appellate procedures.

The Board has granted a rating of 30 percent for the service-connected right knee disability, which is the maximum available under Diagnostic Code 5262. The Veteran's symptoms include difficulty standing and using assistive devices.

The Board has decided to remand the case due to inadequate medical opinions and missing treatment records. The Veteran's right knee disability is being reviewed again with a focus on whether it was aggravated by service.

The Veteran's claims for service connection have been granted, with the exception of bilateral hearing loss, which is remanded. The remaining conditions are now considered established as service-connected.

The Board has granted service connection for low back disability, right hip disability, and right ankle disability. The remaining issues of service connection have been remanded.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling examinations to assess the severity of her service-connected disabilities. The claims for specially adapted housing and special home adaptation grants are also remanded.

The Veteran's left knee disability is rated at 20 percent since October 10, 2018. He previously had a 10 percent rating prior to that date.

The Veteran is granted a total disability rating based on individual unemployability due to his service-connected left knee disability.

The Veteran's appeals for increased ratings for right and left knee disabilities, as well as service connection for a lumbar spine disorder were denied. The Board found that the evidence did not support higher ratings or service connection based on direct service connection.

The Board denied service connection for vertigo, chest pain, otitis media and externa, left shoulder disability, right shoulder disability, right knee disability, left knee disability, and bilateral pes planus as the evidence did not establish a causal relationship between these conditions and the Veteran's military service.

The Veteran's disability ratings for instability of the right and left knees were reduced from 20% to noncompensable, but the Board has restored the original 20% rating due to a lack of improvement in function.

The Veteran's ratings for right hip bursitis and left knee patellofemoral pain syndrome were restored, a separate rating of 10 percent was granted for painful flexion of the right hip, and service connection for a right knee disability as secondary to a left knee disability was established. The effective date is January 21, 2019.

The Board dismissed the claim for service connection of a right knee disorder as it is still pending in the legacy appeals system.

The Board has denied the Veteran's claims for service connection for bilateral tinea pedis, bilateral flat feet, right and left knee disabilities, and diabetes mellitus, type II. The Board found that there is no evidence of any in-service injury or disease related to these conditions, and that they are not otherwise causally related to his military service.

The Board has decided to remand the case due to a duty to assist error and insufficient medical opinion regarding aggravation of the right knee condition during service.

The Board has remanded the issues of service connection for right hip condition, left hip condition, right knee strain, and left knee strain due to secondary service connection. The effective dates for PTSD, migraine headache disorder, tinnitus, and cellulitis MRSA with left lateral leg scar have been established.