Knee decisions — 2020

The Board denied service connection for right and left knee disabilities, finding that the evidence did not establish a link between the current conditions and service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including higher staged initial ratings for cervical spine and thoracic discogenic disease, as well as claims of service connection for bilateral hip, ankle, knee, upper extremity, and lower extremity disabilities. The remand also includes a request for additional opinions on whether these conditions are secondary to other service-connected disabilities.

The Veteran's claims for increased ratings for instability of the left and right knees prior to February 12, 2016 and from that date have been remanded due to insufficient evidence.

The Board has decided to remand the cases due to additional symptoms reported by the Veteran regarding his bilateral knee disability, requiring a new VA examination for assessment.

The Board has remanded the claims for service connection and increased rating due to inadequate VA examinations. The Veteran's psychiatric disorder, sleep apnea, and right knee disability are all in need of further examination.

The Board has granted service connection for tinnitus and remanded the remaining issues due to insufficient evidence.

The Veteran's claims for increased evaluations of his left knee conditions have been denied. The evaluation for left knee degenerative joint disease remains at 10 percent, while the evaluation for limitation of extension and malunion of the tibia is denied. A 10 percent evaluation has been granted for patellar subluxation prior to October 20, 2014, but a higher rating is not warranted after that date.

The Board has dismissed the appeals for service connection of various knee, ankle, and shoulder conditions as the Veteran withdrew his appeals.

The Board has dismissed the Veteran's claims for increased ratings and TDIU as they are not within its jurisdiction due to the Veteran's election to pursue review under the Appeals Modernization Act (AMA) Supplemental Claim system.

The Veteran's appeals have been dismissed due to his explicit withdrawal of the appeal with full understanding of the consequences.

The claims for service connection for sleep apnea, bilateral foot disorder, depression and anxiety (psychiatric disability), left knee disability, and tinnitus have been reopened due to the submission of new evidence. These claims are now remanded for further review.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development. The Board finds no basis for granting any of the requested benefits.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for right shoulder and arm conditions, thumb, ring, and little finger conditions, and right shoulder scars. The issue of service connection for a right knee disorder secondary to lumbar spine disability is also being remanded.

The Board has decided to remand the Veteran's claims for an initial rating greater than 10 percent for his right hip and right knee disabilities due to inadequate VA examinations in September 2014 and May 2019, which did not comply with the requirements of Correia v. McDonald (38 C.F.R. § 4.59) and Sharp v. Shulkin (29 Vet. App. 26).

The Veteran's claims for increased evaluations for his service-connected left knee injury, bilateral fracture of the angle of mandible and trismus (spasms of jaw), and right wrist/forearm injuries are being remanded due to the need for additional examinations. The issues of service connection for these conditions remain unresolved.

The Veteran's degenerative changes of the left knee, right knee, lumbar spine strain, and right shoulder sprain have all been rated at 10 percent since November 2000. The Board has denied increased ratings for each condition.,The Veteran requested a new VA examination in July 2007 to determine if his conditions warranted higher ratings. However, the RO continued the current ratings of 10 percent without scheduling an examination.

The Veteran's TDIU claim for the period prior to April 24, 2014 was denied as he did not meet the schedular criteria for a TDIU and his service-connected conditions alone or in combination did not preclude him from securing or maintaining a substantially gainful occupation.

The Board has reopened the Veteran's claim of service connection for a right knee condition, but denied the underlying claim as there is no evidence that the current condition began during or was otherwise related to his military service.

The Board has granted service connection for a right knee disability on a secondary basis to the Veteran's service-connected left knee disability. The initial compensable rating claim for left rib fracture residuals is remanded.

The issues of service connection for chronic right and left knee disabilities have been dismissed. Service connection has been granted for tinnitus, an acquired psychiatric disability (including major depression and PTSD), but the remaining issues related to GERD, IBS, ulcerative colitis, and gastroenteritis are remanded.,Service connection is granted for tinnitus due to in-service noise exposure. The Veteran's acquired psychiatric disability, including major depression and PTSD, is also service-connected based on a verified stressor.