Knee decisions — 2020

The Board has granted the Veteran's claims for service connection for OSA and a Left Knee Disorder, finding that these conditions are secondary to his service-connected right knee disability and major depressive disorder.

The Veteran's right knee disability, including the need for a total knee replacement and subsequent revision surgery, is rated at 60 percent since April 8, 2013. A TDIU is granted beginning June 1, 2014.

The Veteran's appeal for increased ratings for left glenohumeral joint instability, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right and left knee lateral instability was denied. The Board found no evidence of a rating in excess of 20 percent for the left shoulder disability or a rating in excess of 10 percent for either knee condition.,The Veteran's appeal for service connection for an acquired psychiatric disorder, to include PTSD, is remanded as there are conflicting statements about his combat experience and he has not been diagnosed with PTSD related to combat.

The Board has reopened the Veteran's claims for service connection for neck disability, back disability, bilateral knee disability, and allergic rhinitis due to new evidence. However, these claims are still pending as they have been remanded for further development.

The Veteran's right knee DJD is granted as service connected. The left knee disorder claim, including secondary to a service-connected back disability, is remanded for further review.

The Board has remanded the Veteran's claims for low back, right knee, left knee, right foot, left foot, neurological disorders (fibromyalgia and toxic encephalopathy), CFS, heart disorder, obstructive sleep apnea, hypertension, left ear hearing loss, and right ear hearing loss. The appeals are now pending with the AOJ.

The Board has remanded the claims for a determination on whether the Veteran's discharge from February 1950 to April 1957 constitutes a bar to VA compensation benefits. The other service connection issues are also being remanded due to their inextricability with this issue.

Service connection for erectile dysfunction (ED) is dismissed as the Veteran was already granted service connection in a previous decision.,TDIU from August 1, 2015 is dismissed because the Veteran's right knee disability alone did not render him unemployable. However, TDIU prior to August 1, 2015 remains denied due to lack of evidence showing he was unable to work.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.

The Veteran's left knee disability is granted as secondary to his service-connected right knee post-operative arthritis. The issues of rating for the right knee and TDIU are remanded.

The Veteran's appeal for a higher rating for PTSD was denied as the severity, frequency, and duration of her symptoms did not more closely approximate total occupational and social impairment.,The Veteran's appeal for a higher rating for left knee disability was also denied because the degree of additional limitation due to pain and other factors did not result in limitation of motion more nearly approximating flexion limited to 30 degrees.

The Veteran's claims for increased ratings and extension of a temporary total rating are remanded due to the need for additional evidence and examination.

The Veteran's claim for a clothing allowance due to use of custom insoles/sling supports was denied as shoes are not classified as articles of 'clothing' that can be damaged by wear and tear for purposes of a VA clothing allowance.

The Board has denied the Veteran's claims for service connection for low back disorder, right hip disorder, left knee disorder, and obstructive sleep apnea. The evidence does not support a finding that any of these conditions are related to service or a service-connected disability.,Specifically, the VA examiners found no nexus between the Veteran’s current diagnoses and her military service.

The Veteran's lumbar spine disability was granted a rating of 40 percent, effective from November 7, 2017. The Board also reopened his service connection claim for bilateral knee disability and remanded it for further action.

The Board has remanded the Veteran's claims for additional development due to missing VA examinations. The issues include rating increases and TDIU.

The Veteran's service connection claims for multiple disabilities were denied, and the effective dates assigned are not earlier than February 27, 2017.,VA did not grant an earlier effective date for SMC at the housebound rate as the Veteran did not have a single service-connected disability rated at 100% prior to February 27, 2017.

The Board denied the Veteran's claims for service connection for right above the knee amputation and a higher rating for his cervical spine disability. The claim to reopen was denied, and the increased rating claim for the cervical spine disability was remanded.

The Board denied the Veteran's claims for a compensable rating for residuals of left great toe fracture and service connection for left foot disability and right knee disability, finding that there was no evidence to support these claims.

The Board has remanded the Veteran's claims for increased ratings for his service-connected right and left knee patellofemoral syndrome, as well as his claim for TDIU. The remand is due to the need for a new VA examination that complies with the requirements of Sharp v. Shulkin.