Knee decisions — 2020

The Veteran was granted a TDIU effective July 18, 2011, as he has been unable to maintain substantially gainful employment due to his service-connected disabilities since that date.

The Board has remanded the Veteran's claims for service connection for bilateral knee conditions, including degenerative arthritis. The issues are related to whether his current knee conditions are due to or aggravated by his active duty service.

The Veteran's service-connected PTSD with depression and alcohol dependence is not rated higher than 70 percent, while his service-connected status post total left knee arthroplasty associated with right sciatic nerve paralysis as a residual of shell fragment wound of the right thigh and right leg is also denied.

The Veteran's claims for migraine headaches, right hand arthritis, and a right knee disability have been denied. The Board has remanded the cases to obtain additional medical opinions regarding the severity of his PTSD with TBI and to determine if he is unemployable due to service-connected disabilities.

The Veteran's service-connected left knee disability is rated based on limitation of motion and instability. The Board has granted separate ratings for these issues, but remanded to obtain updated examination findings.

The Veteran's service connection claims for a bilateral knee disorder, bilateral hearing loss, and tinnitus were granted. However, the claim for a left calf disorder was denied.

The Veteran's flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches), are found to be related to his service. The remaining claims for service connection have been remanded.,Service connection is granted for flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches).

The Veteran's right knee strain has been granted a 20 percent rating, effective from July 30, 2015.,A separate 10 percent rating for each of the Veteran's left and right knees due to limitation of flexion with painful motion and swelling.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disability, left and right knee arthritis, and a low back disability. However, as there is no competent medical evidence linking these conditions to service, the claims are being remanded for further development.

The Veteran's low back disability was granted a 40 percent rating from April 7, 2010 to August 15, 2018. The right knee disability remains at a 10 percent rating.

The Board has decided to remand the Veteran's claims for service connection for right and left knee disabilities due to insufficient medical opinions. The case will be returned for further proceedings.

The Veteran's TDIU claim is granted, with a combined disability rating of 90 percent for her service-connected conditions. The Board found that the Veteran’s service-connected disabilities preclude all substantially gainful employment due to her migraines and psychiatric disability.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his right knee disability, including any flare-ups and functional loss.

The Veteran's claims for service connection for bilateral hearing loss, a head condition, tinnitus, right ankle disability (status post Achilles tendon repair), sciatic nerve disabilities of the left and right lower extremities, right hip disability, left hip disability, neck disability, and migraines have been dismissed.,The Veteran's claim for service connection for low back disability has been reopened due to new and material evidence. The Board finds that there is no evidence showing a chronic condition in service or within one year after discharge.

The Board has remanded the Veteran's claims for service connection and SMC based on his claimed knee, lumbar spine, and cervical spine disorders due to his active service as a paratrooper. The Veteran underwent examinations in November 2017 but needs further examination by an examiner who can consider the specific stresses of parachute jumps during service.

The Board has remanded the Veteran's claims for service connection of left hip, bilateral knee disorders due to inadequate rationale in the previous VA examination and lack of continuity of treatment records.

The Veteran's claims for increased ratings for his service-connected left knee disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board dismissed the Veteran's appeals for fibromyalgia, tinnitus, and bronchitis. The Veteran was granted service connection for migraines with a 40 percent rating, but no higher. Her scar left knee associated with tricompartmental chondromalacia status post meniscus surgery received a noncompensable rating. The Board also remanded several issues including the initial compensable rating for radiculopathy of the left lower extremity.

The Board has dismissed the appeals for a rating in excess of 10 percent for right and left knee disabilities, as well as the appeal for a higher rating for bilateral pes planus with plantar fasciitis during the specified period. The Veteran's request to withdraw these appeals is considered.

The Veteran's PTSD is rated at 70 percent since May 8, 2017. A TDIU is granted effective from that date. The right knee disability and OSA are both remanded for further evaluation.