Knee decisions — 2020

The Board has decided to remand the case due to inconsistencies in the August 2017 and May 2018 VA examinations for the Veteran's right knee disability. The claim is being returned for a new examination that corrects these deficiencies.

The Veteran's claim for a separate 10 percent rating for left knee instability is granted, and the issue of an even higher rating for instability of the left knee is addressed in the remand. The Veteran also received a separate compensable rating for retropatellar pain syndrome.

The Board has granted service connection for a right knee disability and remanded the issue of service connection for sleep apnea.

The Board has granted service connection for obstructive sleep apnea (OSA), but denied service connection for bilateral knee conditions and left ankle condition.

The Veteran's service-connected knee disabilities have been rated based on their current functional impairment. The appeals for increased ratings were denied as the evidence did not show that his right and left knee conditions warranted higher disability ratings.

The Board has remanded the cases due to insufficient development and need for an addendum opinion regarding the etiology of the Veteran's bilateral knee and ankle disabilities.

The Board denied the Veteran's request for an effective date earlier than December 21, 2012 for a 10 percent rating for his service-connected left knee tendinitis. The decision found that there was no evidence of a cognizable increase in disability prior to this date.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for left hip and low back disabilities are remanded due to the need for additional development, including obtaining medical records from Elmendorf AFB hospital.

The Veteran's left shoulder disability is rated at 20 percent, and his DJD in the left knee is rated at 10 percent. The reduction of rating for left knee instability was upheld.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for lumbar spine, cervical spine, right knee, and left knee disorders. The case is being remanded to obtain an addendum opinion from the examiner who conducted the July 2018 VA knees and spine examinations.

The Board has granted service connection for bilateral hearing loss but has remanded the issue of service connection for a bilateral knee condition due to inadequate examination.

The Veteran's appeals for service connection on all issues except left upper extremity neurological disability and left elbow scar have been withdrawn. The remaining issues are being remanded for further examination and evaluation.

The Board has remanded the Veteran's claims for COPD, left knee condition, right eye retinal burn residuals, left eye retinal burn residuals, and bronchial asthma due to in-service exposure. The issues are now pending before the AOJ.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder condition, bilateral knee condition, and gastric reflux due to VA not having provided a VA examination or obtained relevant private treatment records.

The Veteran's service-connected disabilities, including total right knee replacement, total left hip replacement, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability due to these conditions.

The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After this date, he was granted a 30 percent rating for limitation of extension and a 20 percent rating for meniscal tear.,Major depressive disorder was rated at 30 percent, which is the maximum available under Diagnostic Code 9434.,Degenerative disc disease (low back disability) was rated at 40 percent, but not higher due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.,Erectile dysfunction received a non-compensable rating.

The Veteran's PTSD is rated at 70 percent since May 2, 2012. He also received a TDIU effective from May 2, 2012.,The decision grants the Veteran a higher rating for his PTSD and confirms he is eligible for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's back condition and right knee disability are granted as service-connected. The Veteran's headaches have been remanded for further evaluation.

The Veteran's appeal is remanded due to the need for additional examinations and treatment records.

The Board has remanded the Veteran's claims for service connection for left shin splints, right shin splints, a left knee disorder, and a right hip disorder due to outstanding treatment records and the need for an addendum opinion.