Knee decisions — 2020

The Veteran's application to reopen his claim for service connection of dysthymia was granted. The right knee disorder secondary to service-connected dorsolumbar myositis and the acquired psychiatric disorder were both denied.

The Veteran's service connection claims for various conditions are being remanded due to the need for additional development and medical opinions.,VA burial benefits based on a nonservice-connected death are granted, but the issue of whether higher benefits based on a service-connected death should be awarded is also remanded.

The Board has granted service connection for the Veteran's right leg amputation above the knee as secondary to his service-connected idiopathic thrombocytopenia with splenectomy.

The Board has remanded the issues of rating DDD of the lumbar spine, left and right lower radiculopathy, left patellofemoral syndrome (knee condition), right patellofemoral syndrome status post ACL reconstruction using hamstring autograft and lysis and resection of adhesions without manipulation, and pitted keratolysis for further development. The issues on appeal are related to the merits of service connection.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that there is at least a 50% likelihood (equipoise) that these conditions are related to his in-service injury.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's cervical spine disorder and his service-connected left knee disability. The claim for service connection of the cervical spine disorder is also being remanded.

The Board has remanded the Veteran's claims for service connection for bilateral knee and hip disabilities due to inadequate examination in March 2013. The case is now pending with a new VA examination.

The Board has remanded the claims for increased ratings and effective dates due to inconsistencies in medical evidence regarding instability of the Veteran's knees.

The Board has remanded the cases for further development due to inadequate medical opinions regarding the severity of the Veteran's knee disabilities from January 2007 to May 2012. The TDIU claim is also on hold until the right and left knee disability claims are resolved.

The Board has remanded the case for further development due to new VA treatment records and SSA records being associated with the claims file since the July 2018 remand. The issues of higher initial disability ratings for left knee disability, a lumbar strain, and entitlement to TDIU are now before the Board.

The Board has determined that the Veteran's claims for service connection were not properly received until June 12, 2014. As such, an effective date earlier than June 12, 2014 is denied. The Board also found that there are issues with service connection for left knee and low back disabilities as well as a foot fungus disability which require further examination and opinion.

The Veteran withdrew all her appeals regarding the service connection for various conditions, including hypertension, ovarian cyst, posttraumatic stress disorder, residuals of smoking, chronic fatigue syndrome, right and left knee disabilities, and Gulf War Syndrome.

The Veteran's right knee disability is rated at a combined 60 percent, which includes ratings for limitation of flexion (30%), limitation of extension (40%), and instability (10%). The Veteran is granted TDIU due to his service-connected right knee disability.

The Board has remanded the Veteran's claims for alopecia, migraine headaches, low back strain, right knee osteoarthritis with patellofemoral syndrome, and left foot pes planus with plantar fasciitis and left heel spur due to incomplete development of evidence.

The Veteran's appeal to increase his disability rating for left knee residuals was dismissed because he did not file a proper Notice of Disagreement (NOD) using the required VA Form 10182, which is applicable under the Appeals Modernization Act.

The Board denied the Veteran's claim for service connection for a right knee disorder, finding that there was no evidence of chronic right knee disorders during or within one year after service. The Board also found that arthritis did not manifest until years after separation from service.

The Veteran's left knee disability was rated at 30 percent prior to March 14, 2019. The Board found that the symptoms did not meet criteria for a higher rating.,Beginning March 14, 2019, the Veteran's left knee disability warranted a 60 percent rating.

The Board has determined that more development is needed for the Veteran's claims of service connection for sleep apnea and a right knee disability. The claims are being remanded to allow for further examination and analysis.

The Veteran's service-connected disabilities do not render him unemployable, as he retains the capacity for work-like activities despite limitations imposed by his conditions.

The Veteran's claims for service connection of right knee and hip conditions have been remanded due to the need for additional medical examination. The Board found new and material evidence for reopening his previously denied claims.