Knee decisions — 2020

The Veteran's claims for higher ratings on several service-connected conditions, including right knee arthroscopy with chondromalacia, right knee scar status post arthroscopy, left knee osteoarthritis, bilateral hearing loss, and obstructive sleep apnea (OSA), are remanded due to a duty-to-assist error. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Board has determined that the Veteran's right knee disability is caused or aggravated by his service-connected left knee disability, and thus grants service connection for this condition.

The Board denied service connection for various conditions, including bilateral hand tremor, bilateral hearing loss, tinnitus, right and left ankle disorders, right and left restless leg syndromes, and right and left knee retropatellar pain syndrome. The decision is based on the absence of a current diagnosis or evidence linking these conditions to active service.

The Board has found that there is insufficient medical evidence to support the denial of service connection for bilateral knee disabilities, and thus remands the case for a new opinion from a VA clinician.

The Veteran's claims for service connection have been denied as new and relevant evidence was not received to support the claims. The Veteran is also denied a rating in excess of the current assigned ratings for various conditions.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities, as secondary to his service-connected pes planus with hammertoes. The case is being returned due to a duty-to-assist error in the prior rating decision.

The Veteran's service-connected disabilities, including a bilateral foot disability, left clavicle fracture, and various knee and ankle conditions, rated at 80 percent combined, do not prevent him from engaging in substantially gainful employment consistent with his education and experience. The Board denied the claim for TDIU.

The Veteran's claims for service connection are remanded due to the need for VA examinations and medical opinions regarding his claimed psychiatric, sleep apnea, cervical spine, and bilateral knee disabilities.

The Board has granted service connection for lumbar spine degenerative disc disease and right knee osteoarthritis, status-post total knee replacement. The conditions are deemed to have resulted from the Veteran's activities and injuries during active duty service.

The Veteran's claim for a compensable rating for bilateral hearing loss from April 25, 2019 to July 24, 2019 was denied as the Veteran failed to report for a VA examination scheduled in conjunction with his claim.,The Veteran's claim for a compensable rating for scars, status-post left knee arthroscopy for the period from April 25, 2019 to July 24, 2019 was denied as there were no other disabling effects not considered under Diagnostic Codes 7800-04.

The Board has determined that the Veteran's bilateral knee disabilities are proximately due to service and/or service-connected disability, granting his claim for service connection.

The Board has remanded the issues of right knee instability and right knee surgical scars status post meniscectomy for further adjudication due to inconsistencies in the effective dates assigned.

The Board has remanded the cases for further development and to obtain medical opinions regarding service connection, rating criteria, and range of motion measurements.

The Board has remanded four issues: right knee disability, left knee disability, high blood pressure, and a gynecological disability (PCOS). The Veteran's claims are being reviewed due to the inadequacy of previous VA examinations and the need for new opinions on service connection.

The Board has determined that the Veteran's claims for service connection for left shoulder, neck, right knee, and left ankle disorders should be remanded due to incomplete records and need for additional examinations.

The Board has remanded the Veteran's claims for increased ratings based on limitation of flexion and extension of his right knee due to an October 2016 VA examination not addressing Correia v. McDonald criteria, and finding no objective evidence of instability.

The Board has remanded the case due to unclear dates of service and inadequate medical opinions. The Veteran's bilateral knee condition is being reviewed for potential service connection.

The Board has found that the Veteran's right knee disability, status post total knee replacement, has been manifested by prosthetic replacement of the knee joint with severe painful motion, stiffness, intermittent swelling, and interference with standing and walking. The maximum schedular rating (60 percent) for a right knee disability under Diagnostic Code 5055 is already assigned. Therefore, an increased disability rating in excess of 60 percent for the right knee disability from December 1, 2019 forward is not warranted.

The Board denied a higher evaluation for the Veteran's service-connected left knee strain with degenerative joint disease, finding that the evidence did not support a rating in excess of 10 percent.

The Board has remanded the Veteran's claims for increased ratings for PTSD, right knee patellofemoral syndrome, and left knee patellofemoral syndrome due to a lack of recent VA examinations.