Knee decisions — 2020

The Board has granted the Veteran's claim for total disability due to individual unemployability for the period prior to March 7, 2011 based on his service-connected rheumatic heart disease and left knee degenerative changes.

The Board has remanded the claims for additional development due to lack of substantial compliance with previous remand directives and potential outstanding VA treatment records.

The Board has remanded two issues: 1) the Veteran's claim for a higher rating for his left knee disability, and 2) his request for an earlier effective date for dependency benefits for his spouse. The case will be returned to the RO for further development.

The Veteran's claim for service connection for allergic rhinitis (claimed as breathing problems) was denied due to the lack of a medical nexus between his current condition and service.,The Veteran's claim for an increased disability evaluation for left knee osteoarthritis with tear of the post lateral bundle of the anterior cruciate ligament was also denied, as there is no evidence of instability or meniscectomy.

The Veteran's left great toe disability was granted a maximum rating of 30 percent, effective September 20, 2006. The right knee and left knee disabilities were remanded for further development. A TDIU was granted beginning October 25, 2007. SMC based on the need for regular aid and attendance was granted starting December 8, 2014.

The Board has remanded the cases for further development due to incomplete VA examinations. The Veteran's left shoulder and knee disabilities are still under review.

The Board has denied service connection for left and right knee disabilities, as well as a disability manifested by pseudofolliculitis barbae and acne. The evidence does not support the Veteran's claims that these conditions began during active service or are related to his service-connected low back disability.,Service connection is only granted if there is medical evidence showing a current disability, an in-service injury or disease, and a link between the two.

The Board has remanded the claims for higher ratings for right knee limitation of motion and instability due to patellofemoral pain syndrome. The VA is instructed to obtain all relevant records, provide the Veteran with another opportunity to submit evidence, and schedule a VA examination.

The Veteran's claim for a sleep disorder is denied as there is no evidence of a current diagnosis or functional impairment.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,A 10 percent rating, but no higher, has been granted for the left thumb fracture from November 3, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for the right ankle is denied.,The Veteran's claim for an increased disability rating for the left knee is denied.,An increased 20 percent rating, but no higher, has been granted for degenerative disc disease of the lumbar spine from March 4, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for sciatic radiculopathy in the right lower extremity is denied.

The Board has remanded the claims for service connection for bilateral hearing loss, obstructive sleep apnea (OSA), DDD of the lumbar spine with occasional numbness of the lower extremities, and chondromalacia patellae of the right knee due to insufficient evidence in the record.

The Board has remanded two cases: one for an initial rating higher than 10 percent for chrondromalacia of the left knee and another for an initial rating higher than 10 percent for residuals of a meniscal tear of the right knee. The remand is due to insufficient consideration of the Veteran's reports of flare-ups during periods of use.

The Veteran's service-connected disabilities do not render him bedridden, confined to his immediate premises, or unable to care for his daily needs without requiring the regular aid and attendance of another person. Therefore, he is not eligible for special monthly compensation (SMC) based on the need for aid and attendance or housebound status.

The Board has granted service connection for skin cancer and GERD, but denied service connection for a right knee disability. The claim of entitlement to service connection for sleep apnea is remanded.,Service connection was granted for skin cancer based on the Veteran's credible report of exposure to smoke from oil fires during service.

The Veteran's left knee osteoarthritis is related to his service-connected right knee disability, and the claim for service connection is granted. The issue of a rating in excess of 20 percent for medial and lateral instability of the right knee remains pending.

The Veteran's claims for increased ratings were denied. The right knee disability was rated at 10% and the rhomboid muscle strain was also rated at 10%. No effective date is provided as the decisions are final.

The Veteran's left knee DJD and right knee DJD are rated at the maximum allowable under Diagnostic Codes, with a separate rating for residuals of meniscectomy. The Veteran's post phlebitis syndrome is not rated higher due to persistent edema and stasis pigmentation.

The Board has remanded the Veteran's claims for service connection for right ankle and left knee disorders due to inadequate development. The AOJ is required to arrange for an addendum opinion from a VA examiner regarding whether the Veteran has current diagnoses of these conditions, their relationship to her service-connected right calcaneal stress fracture, and any aggravation by that condition.

The Board has determined that the Veteran's current right and left knee conditions are related to service, granting service connection for these conditions.,Service connection was denied for bilateral pes planus, bilateral heel spurs, and bilateral foot degenerative arthritis as there is no evidence of such conditions during or within one year after service.

The Board has dismissed all service connection claims and related rating and effective date determinations for the Veteran's ankle and knee disabilities, as well as a claim for an initial rating in excess of 20 percent for duodenal ulcer. The appeal is dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities due to inadequate VA examinations, and further adjudication is needed.