Knee decisions — 2020

The Veteran's bilateral hearing loss and tinnitus are granted as service connected. The lower back, lacerations of the back, left foot, and left knee disabilities are remanded for further examination.

The Veteran contends that his current psychiatric disorder, including depression and anxiety, is related to service. The Board finds evidence has been submitted which supports that the Veteran’s sleep apnea may have had its onset during service.,The Veteran also contends that he has insomnia, a back disorder, sciatic nerve pain, right knee disorder, and left knee disorder all related to service. He was exposed to contaminated drinking water at Camp Lejeune.

The Veteran's service-connected disabilities produced total occupational impairment from October 6, 2017. The Board granted an effective date of October 6, 2017 for the assignment of TDIU.

The Board denied the Veteran's claim for SMC based on aid and attendance, finding that he does not meet the criteria to receive this benefit due to his service-connected disabilities. The Veteran was granted SMC for his spouse.

The Veteran's TDIU claim was granted effective May 9, 2019, due to his service-connected right knee disability and sleep apnea. The combined rating at the time of the grant of TDIU was 80 percent.

The Veteran's right knee disability is currently rated at 30 percent, and the Board has ordered a remand to assess whether this rating should be increased or if the reduction from 100 percent was proper.

The Board has remanded the claims for service connection due to a failure to comply with VA's duty to assist in obtaining all relevant records, including those from the Veteran's Reserve service and Social Security Administration.

The Board dismissed all appeals seeking increased ratings for various shell fragment wound (SFW) conditions and scars, citing the Veteran's withdrawal of his appeals.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including lumbar spine degenerative disease, bilateral knee conditions, hypertension, and left carotid arterial endarterectomy. The issues include rating determinations for these conditions as well as a determination of TDIU prior to March 9, 2017.

The Veteran disagrees with the reduction of his 30 percent rating for right knee arthritis to 10 percent. The Board has not provided a statement of the case regarding this disagreement and thus remands the matter.

The Veteran's claim for service connection for a right knee disorder was granted by the RO in September 2019, and he withdrew his appeal regarding whether new and material evidence has been submitted to reopen this claim. The Board dismissed the appeal as moot.

The Board has granted service connection for bilateral knee replacements, finding that the Veteran's in-service injuries led to his current conditions.

The Veteran's claim for a higher rating for DJD, right knee prior to August 4, 2014, was granted with a 20 percent rating. The claim for a higher rating since August 4, 2014, and for anterior translation, right knee, status/post anterior cruciate ligament reconstruction, was denied.

The Veteran's claims for service connection for cholesterolemia, chronic gastritis, and GERD have been denied. The Veteran's claims for service connection for tension headaches, right shoulder disorder, chronic left rib cage pain, chronic chest pain (including tendonitis/costochondritis), right wrist disorder (including carpal tunnel syndrome), left wrist disorder (including carpal tunnel syndrome), left knee disorder (secondary to service-connected disabilities), and left calf disorder (secondary to service-connected disabilities) have been granted. The Veteran's claim for service connection for fibromyalgia has also been granted, but the Board has remanded it due to a lack of VA examination.

The Board denied service connection for right knee disorder, sleep apnea, ovarian cyst, dermatitis/skin disorder of the face, and bone growth in mouth as there was no evidence of current disabilities or a link to service.

The Board has remanded the claims for service connection for arthritis, right knee disability, and left knee disability due to outstanding National Guard treatment records. A VA medical opinion is needed to determine the etiology of these conditions.

The Veteran's service-connected disabilities are causing significant functional impairment, including difficulty with balance and walking. The Board has referred the claim of service connection for neuropathy and his amputation to the AOJ and ordered a VA examination to determine eligibility for specially adapted housing or special home adaptation grant.

The Veteran's service-connected right knee and ankle disabilities have prevented him from obtaining or maintaining substantially gainful employment since March 25, 2010. The Board has granted TDIU on an extraschedular basis for the period from March 25, 2010 to September 17, 2012, and reinstated the schedular TDIU effective July 26, 2016.

The Board has remanded the case due to inadequate examination reports and the need for additional medical opinions regarding the Veteran's left knee disabilities, including their severity and impact on his ability to work.

The Board has decided to remand the case due to a lack of VA examination and outstanding records, which may affect the determination of service connection for right knee disability.