Knee decisions — 2020

The Board has remanded the cases for additional development due to inadequate examinations and because of the need to address issues related to separate evaluations under Codes 5258 or 5259 for meniscus tears of both knees.

The Board has remanded the cases for a new VA examination to assess the Veteran's knee disabilities, as the prior examinations were inadequate. The examiner is required to provide range of motion measurements in passive motion and non-weight-bearing.

The Board has remanded the Veteran's claims for increased ratings for his right knee and right hip disabilities due to a lack of adequate VA examinations. The case is also remanded for consideration of the Veteran's claim for TDIU prior to November 30, 2016.

The Board denied the Veteran's claims for increased ratings for his service-connected right knee strain with osteoarthritic changes and right knee subluxation, finding that the evidence did not support a higher rating at any point during the appeal period.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability and denied a compensable rating for his left ear hearing loss.

The Board has granted an effective date of January 16, 2019 for the Veteran's service connection for right knee instability and strain. The decision is based on evidence showing a chronic knee disability since onset in service.

The Veteran's service connection claims for fatigue, depression and short term memory loss (a medically unexplained chronic multi symptom illness) are granted. The right knee disorder claim is denied as there is no evidence of a current disability within the applicable presumptive period. The left knee disorder secondary to the right knee disorder claim is also denied.

The Veteran's PTSD, right knee DJD and left knee ACL tear residuals, and bilateral plantar fasciitis are all remanded for further examination to determine their current severity.

The Veteran's right knee strain was initially rated at 10 percent from December 1, 2011 to October 26, 2017. From October 26, 2017 to July 27, 2020, the rating was increased to 10 percent due to compensable limitation of extension.

The Veteran's TDIU claim is remanded for the RO to refer it to the Director of Compensation Service for extraschedular consideration due to his right knee condition.

The Board has granted service connection for Osgood-Schlatter disease of both knees, finding that the Veteran's preexisting condition was aggravated by his active service. Service connection is denied for bilateral knee osteoarthritis and chondromalacia.

The Veteran's service-connected back disability is found to be the cause of his left knee DJD.,There is no evidence that the right knee DJD is related to his service or any service-connected condition. The Veteran’s right knee DJD is considered age-related degenerative changes.

The Veteran's tinnitus is granted service connection, while his left shoulder disability, low back disability, disabilities of both knees, bilateral hearing loss, and respiratory disability are denied.

The Board has remanded the claims for service connection for low back and bilateral knee disabilities due to incomplete service treatment records. The case will be returned after compliance with appellate procedures.

The Board has decided that the VA did not obtain all of the Veteran's service treatment records from Walter Reed and Ft. Meade, which were needed to make a decision on his claim for left knee replacement service connection. The case is being sent back to the agency of original jurisdiction (AOJ) to try again.

The Veteran's right knee instability and subluxation are granted a 10 percent rating, while the ratings for his right knee cartilage locking, pain, and joint effusion, as well as his left knee arthritis, remain denied.

The Board has denied the Veteran's claims for service connection for left elbow and left knee disabilities, finding that there is no evidence linking these conditions to his military service.

The Board has remanded the case due to the need for an addendum opinion from an orthopedic surgeon regarding the relationship between the Veteran's right knee disability and his service-connected left knee disability.

The Board denied the Veteran's claims of service connection for left knee, right knee arthritis, and right hip disabilities due to a lack of evidence linking these conditions to his active duty service.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to incomplete information in his medical records, including lack of updated opinions regarding the severity of his service-connected conditions. The Veteran is also required to provide employment information from previous employers.