Knee decisions — 2020

The Board has denied the Veteran's claims of service connection for residuals of left-foot burn scar, residuals of left-hand burn scar, and left knee tendonitis. The Veteran's tinnitus and migraine headaches were also not found to be related to service.

The Board has remanded the Veteran's claims for service connection for right hip, ankle, and knee disorders due to insufficient medical opinions regarding the relationship between her in-service treatment and current conditions.

The Veteran's right knee disability is rated at the highest schedular rating (30%) for instability, but a separate 10% rating is granted for arthritis with painful and limited range of motion.,The Veteran's left lower leg disability does not meet or approximate the criteria for a higher rating.

The Board has remanded the Veteran's claims for a right knee disability and Parkinson’s disease due to new evidence indicating worsening of his conditions. For the right knee, a VA examination is needed to assess the current severity of the condition, including any recent meniscal tear. For Parkinson’s disease, a VA opinion is required to confirm the diagnosis and determine if it is related to in-service herbicide exposure.

The Veteran's knee instability is found to be moderate, warranting a 20% disability rating from January 15, 2008 to April 14, 2010.

The Board has granted service connection for tinnitus. The issues of service connection for obstructive sleep apnea, right knee disability to include arthritis, left ankle strain, hypothyroidism, and hyperthyroidism are remanded due to the need for further development.

The Board has remanded the claims for entitlement to service connection for cervical spine, right hip, and right knee conditions due to insufficient evidence. The Veteran's hypertension, high cholesterol, GERD, headaches, LLE peripheral neuropathy, and RLE peripheral neuropathy are denied as there is no competent indication of a relationship to service.

The Board has remanded the Veteran's claims for asthma, bilateral hearing loss, and knee disabilities due to missing VA examinations. The Veteran was out of the country and scheduled for back surgery which caused him to miss the examinations.

The Veteran's claims for service connection have been denied, and the effective date for the current ratings remains April 26, 2016.

The Veteran's claims for higher ratings for left knee osteoarthritis, left knee instability, and piriformis syndrome of the left leg were denied. The current ratings are 10 percent each.

The Veteran's claims for service connection for bilateral hearing loss, ADD, PTSD, anxiety disorder, major depressive disorder, primary insomnia, left knee strain, left shin splint, right knee strain, and right shin splint are all denied. The claim for service connection for sleep apnea is remanded.,An initial rating in excess of 10 percent for tinnitus is denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence linking the claimed disabilities to her military service, and the current effective rating was deemed appropriate.

The Veteran's appeal of his claim for service connection for a left knee condition has been dismissed due to the Veteran and his representative not responding within 30 days after being notified that failure to respond would result in the dismissal of his appeal.

The Veteran's claim of CUE in a December 1987 rating decision is being remanded for further adjudication due to the failure to properly address it.

The Board has remanded the cases for further development due to inadequate pre-decisional duty to assist errors in both left knee disability and bilateral hearing loss claims.

The Veteran's appeal includes claims for increased ratings for his bilateral knee disabilities, including limitation of flexion and instability. The Board has determined that remand is necessary due to procedural errors in the prior rating decision.

The Board has determined that the Veteran's claims for service connection are remanded due to errors in obtaining relevant records and providing adequate opinions.

The Veteran's right knee osteoarthritis and instability were incurred during active service, meeting the criteria for service connection.

The appeal is granted because the November 2017 Statement of the Case was sent to the incorrect representative, and thus the Veteran's representative filed a timely substantive appeal.

The Board has reopened the service connection claims for an acquired psychiatric disorder, hypertension, and bilateral knee disorders due to new evidence received after a previous denial. However, the claims are denied as there is no evidence linking these conditions to active service.