Knee decisions — 2020

The Veteran's left knee sprain is currently rated at 10 percent for instability, while his degenerative disc disease remains at a 20 percent rating. The right lower extremity radiculopathy has been granted a 20 percent rating throughout the appeal period, and the left lower extremity radiculopathy since May 18, 2017 is also rated at 20 percent.

The Veteran's claims for increased ratings are being remanded due to incomplete grant of benefits and issues potentially intertwined.

The Board has remanded the case due to insufficient evidence regarding the Veteran's left knee disability, including whether it is related to service. The Veteran will need a VA examination and additional medical records.

The Veteran's claim for a right hand disability was reopened and granted, with the condition being secondary to his service-connected neck condition.,The Veteran's claim for a right knee disability is remanded due to insufficient evidence regarding its onset or relationship to service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right knee condition, specifically his flare-ups. The TDIU claim is also inextricably intertwined with the right knee issue and will be deferred for adjudication.

The Board denied the Veteran's claims for service connection for arthritis of the right knee and entitlement to TDIU due to service-connected disabilities, finding that there was no evidence linking his current condition to his active service.

The Board has remanded the Veteran's claims for service connection due to incomplete development, including failure to request line of duty determinations and ascertain the status of each period of service. The Veteran is also required to identify any treatment providers who treated him for knee or foot conditions since service.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment, and thus denied his claim for TDIU.

The Board has denied the Veteran's claims for service connection for left wrist, right wrist, bilateral knee, and heart disabilities due to a lack of evidence linking these conditions to his military service.,The appeal is currently pending as one issue remains unresolved: service connection for an acquired psychiatric disorder (depression).

The Board dismissed the appeal due to the Veteran's death, and therefore no jurisdiction remains for the service connection claims.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate development in previous examinations.

The Board has remanded the Veteran's claims for increased ratings for left knee conditions due to inadequate examination reports and further development is required.

The Veteran's service-connected above the knee amputation of the left leg requires regular aid and attendance for activities such as preparing meals, bathing, and attending to hygiene needs. The Board has granted SMC based on this need.

The Board denied the Veteran's claims for service connection for left and right knee disorders, finding that there was no evidence of in-service injury or disease related to these conditions. The Board also found that any current knee disorders were not shown within one year of separation from service.

The Board has remanded three issues: service connection for hypertension, increased ratings for left and right knee chondromalacia, and a low back disability. The Veteran's claim of service connection for erectile dysfunction was granted in a separate decision.

The Veteran's right knee disability, including a meniscal tear and osteoarthritis, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating due to lack of limitation in flexion or extension.

The Veteran's appeal is generally limited to a direct review of the evidence considered by the AOJ. The Board finds that remand is required for the psoriasis, psoriatic arthritis, and knee claims due to a pre-decisional duty to assist error.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2010 to January 15, 2019. However, for the period prior to April 12, 2010, the Veteran does not meet the combined disability rating percentage criteria for a TDIU under 38 C.F.R. § 4.16(a). The case is remanded for referral to VA’s Director of Compensation for consideration under 38 C.F.R. § 4.16(b).

The Board has decided that the Veteran does not have a current right ear hearing loss disability for VA purposes, and therefore service connection is denied. The remaining issues on appeal are remanded for further development.

The Veteran's appeal regarding an increased rating for PTSD was granted. However, the appeals for service connection of bilateral knee condition, left foot condition, and low back condition were denied due to untimely notice of disagreement.