Knee decisions — 2020

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including increased ratings for left hip strain with limitation of extension and right knee strain, as well as a TDIU claim. The reasons are due to duty-to-assist errors.

The Veteran's initial increased ratings for right and left knee disabilities have been granted, with specific details provided regarding the nature of each disability. A separate rating has also been granted for osteoarthritis of the right knee with limitation of motion from July 27, 2020. The issue of a temporary total disability rating following a total left knee replacement is moot as it was essentially addressed in the grant of increased ratings.

The Board has remanded the claims for an effective date earlier than October 25, 2010, for the award of a TDIU and for the establishment of basic eligibility for DEA benefits. The AOJ is instructed to issue an SSOC addressing these matters.

The Board denied compensation for a cervical spine disability and left knee arthritis under 38 C.F.R. § 1151 as no additional disabilities were found to have resulted from the July 2008 fall.

The Veteran's TDIU claim is remanded due to the inextricably intertwined issue of increased ratings for his service-connected disabilities. The VA will address these issues before making a final decision on the TDIU.

The Board has granted service connection for a sinus disability, bilateral knee disability, and bilateral foot disability. However, the Board denied service connection for a thyroid disability as there is no evidence of any endocrine disorder in service.

The Veteran's initial noncompensable ratings for limitation of right hip flexion, extension, and impairment of the right thigh were granted. For the period from August 27, 2015 forward, a compensable (10%) rating was assigned for limitation of right hip flexion.

The Board has remanded the Veteran's claims of service connection for various conditions due to a significant increase in weight and obesity, which are not disabilities for VA benefits. The claims will be reconsidered with an addendum medical opinion addressing whether the service-connected bilateral foot disability caused or aggravated the Veteran's weight gain and obesity.

The Board denied service connection for bilateral shoulder disability, bilateral knee disability, polymyalgia rheumatica, osteopenia, and bilateral plantar fasciitis due to lack of evidence linking these conditions to service.,Service connection was not granted as the Veteran's STRs were silent for any complaints or diagnoses related to these conditions.

The Board has granted service connection for a left ankle disability but has remanded the issue of service connection for a left knee condition.

The Veteran's claims for increased ratings for left knee osteoarthritis and meniscus tear, left knee instability, and lumbar spine osteoarthritis before June 25, 2020 are denied. The Board found that the evidence did not support a higher rating based on the severity of symptoms or functional impairment.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of current hearing loss for VA purposes.,Service connection for a hip condition is denied due to lack of competent and credible evidence showing the existence of such a disability.

The Board denied the Veteran's claims for service connection for various disabilities, including right shoulder disability, left ankle and ankle disabilities, left foot and right foot disabilities, low back disability, and right elbow disability. The claim for status post left salpingectomy with scars was also denied.

The Veteran's claims for increased ratings for depression, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are denied. The claim for an increased rating for migraines is remanded.,The Veteran’s service-connected depression is currently rated at 50 percent disabling under Diagnostic Code (DC) 9411. Her claims for left and right knee disabilities are both rated at 10 percent under DCs 5260 and 5260, respectively. The claim for migraines effective August 16, 2016 is currently rated at 50 percent under DC 8100.,The Veteran's service-connected migraines are currently rated at 50 percent disabling under Diagnostic Code (DC) 8100 effective August 16, 2016. Her claims for increased ratings for depression and knee disabilities remain pending.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral knee conditions due to insufficient evidence regarding service connection, particularly related to exposure to Agent Orange during service.

The Veteran's appeal for increased ratings for his left knee disability was denied. He is currently rated at 10 percent for chondromalacia with osteoarthritis and a separate rating of 20 percent for meniscal abnormality.

The Board has determined that the claims for service connection and TDIU prior to June 1, 2015 are remanded due to inadequate medical opinions regarding the etiology of the Veteran's osteoarthritis and knee disabilities. Further examination is required.

The Veteran's initial rating for right knee strain is denied as her condition does not meet the criteria for a higher than 10 percent rating. The initial rating for low back strain through October 31, 2012, is granted at 20 percent.

The Veteran's right ankle disability is rated at 20 percent, but no higher. The Board found that the preponderance of evidence did not support a higher rating for his knee disabilities.

The Veteran's service records do not show any left ankle or left knee disability. The Board denied the claims for service connection.,For his right knee condition, the Veteran was granted a compensable evaluation of 30 percent.