Knee decisions — 2020

The Veteran's claim for left knee osteoarthritis and strain was denied in previous rating decisions, but granted on February 2, 2018. The Board found no basis to grant an earlier effective date.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for headaches. The remaining issues are remanded for further development.

The Board denied service connection for low back disorder, right knee disorder, and right ankle disorder due to lack of evidence showing a relationship between these conditions and military service.,The Veteran's claim for compensation under 38 U.S.C. § 1151 was also denied as the proximate cause of his need for subsequent surgery was not found to be reasonably foreseeable or related to VA treatment.

The Veteran's tinnitus is found to have started during service and has continued since then.,Service connection for bacterial sinusitis with rhinitis is granted, as the evidence is at least in equipoise that it began during service.,Right knee osteoarthritis is granted on reopening of a previously denied claim.,Migraine headaches are granted on reopening of a previously denied claim.,Bilateral pes planus with bilateral plantar fasciitis is granted on reopening of a previously denied claim.,Service connection for right ear hearing loss is established as the evidence supports its onset during service.,Cervical strain with degenerative joint disease is found to be related to service.,Lumbosacral strain with thoracolumbar spine osteoarthritis is found to be related to service.

The Veteran's left knee disability is rated at 10 percent, and his limitation of extension is separately rated at 10 percent. The right ear hearing loss disability has been granted, but the TDIU claim remains pending.

The Veteran's service-connected disabilities preclude substantially gainful employment beginning July 6, 2012. The Board has granted TDIU for this period.

The Board has remanded the case for further development, including obtaining an addendum opinion regarding whether the Veteran has instability in his right knee. The current ratings for surgical scars of both knees and DJD with loss of extension are denied.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran was granted TDIU prior to September 16, 2015 due to his service-connected disabilities. However, he is not entitled to TDIU on or after that date as his combined evaluation has reached 100 percent and there are no other service-connected disabilities rated at 60 percent or higher.

The Board has dismissed the claim of service connection for a right knee disorder as it is no longer in appellate status due to the Veteran having been granted service connection for this condition.

The Veteran has withdrawn all his appeals related to the evaluation of various knee conditions and other issues, including automobile or adaptive equipment, specially adapted housing, temporary total evaluations for service-connected disabilities, and special monthly compensation. The Board is dismissing these appeals as a result.

The Board has determined that there is not sufficient evidence to support the Veteran's claims for service connection of bilateral wrist, eye, and migraine headaches disabilities. The cases are being remanded for further development regarding his knee, spine, toe frostbite, and chest pain issues.

The Veteran's right knee instability is granted with a 10% rating, and service connection for the other conditions (right shoulder rotator cuff tear, left foot plantar fasciitis, and right foot plantar fasciitis) is denied.

The Board has remanded several issues including service connection for an acquired psychiatric disorder, left hip disability, right knee disability, and right shoulder disorder. The remand includes obtaining service personnel records, additional medical opinions, and a VA examination to assess the Veteran's current condition.

The Board has determined that the VA examinations and opinions provided are not sufficient to determine whether any diagnosed conditions are related to service. The Veteran's claims for service connection have been remanded to obtain additional medical opinions.

The Board denied the Veteran's claims for increased ratings for his service-connected right and left knee disabilities, finding that a rating higher than 10 percent is not warranted based on the current evidence.

The Board has remanded the Veteran's claims for increased ratings for his left knee disability and for a TDIU due to the need for additional examinations and consideration of new evidence.

The Veteran's left knee disability, characterized by painful motion and limited flexion to at most 45 degrees, is granted an initial rating of 10 percent effective June 22, 2019. The claim for a higher rating remains denied.

The Board denied the Veteran's claims for increased ratings for her right and left knee conditions, finding that the evidence did not support a higher rating based on painful limitation of motion.

The Veteran's application to reopen the claim of service connection for hypertension was granted.,The Veteran's application to reopen the claim of service connection for left knee disability (previously characterized as bilateral knee disability) was denied.