Knee decisions — 2020

The Board dismissed the Veteran's appeal regarding an earlier effective date for PTSD and denied his claims for increased ratings for knee disabilities. The Veteran was granted service connection for PTSD in 2011, but did not timely file a notice of disagreement with the assigned effective date. His knees were found to have degenerative joint disease without ankylosis or additional symptoms due to removal of semilunar cartilage, and instability without ankylosis or additional symptoms.

The Board denied service connection for right knee patellofemoral syndrome and low back disorder, finding that the evidence did not support a link between these conditions and active military service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including initial compensable ratings for various conditions and service connection for a right knee disability. The AOJ is required to obtain updated VA treatment records, schedule new VA examinations, and issue an SSOC.

The Veteran's service-connected left shoulder and bilateral knee disabilities do not meet the criteria for a TDIU for the period January 1, 2012 forward.

The Veteran's service-connected residuals of a right knee replacement are currently rated at 30 percent, and the Board has determined that this rating is not sufficient for the period from September 1, 2017.

The Board has remanded the claims for additional development due to incomplete records from Prattville Primary Medicine Associates. The Veteran must be provided with authorization forms and notified of the consequences if he does not provide them.

The Board denied service connection for a bilateral knee disorder, finding that the Veteran's knee disorders did not begin in service and were unrelated to her military service.

The Veteran's claim for service connection for right knee disability, including as secondary to his left knee disability, was denied. The Board found no medical evidence linking the current right knee DJD to service or service-connected conditions.

The Veteran's appeals for service connection on multiple conditions have been dismissed. The appeal regarding the cervical spine disability is still pending as new and material evidence has not been received. Appeals for OSA, right hip, and right shoulder disabilities are remanded due to lack of medical opinion linking these conditions to service or service-connected disabilities. The Veteran's request for a higher rating on his right knee disability and SMC based on aid and attendance is also remanded.

The Board has remanded the cases due to insufficient diagnoses and nexus opinions regarding the Veteran's knee/leg and ankle disabilities, which are related to service-connected bilateral pes planus.

The Board has dismissed the appeal for compensation under 38 U.S.C. §1151 due to the death of the appellant, as the claim is moot.

The Board has decided to remand three issues: evaluating right knee disability, evaluating limitation of extension of the right knee, and determining service connection for bilateral hallux valgus. The Veteran will need new VA examinations for these matters.

The Veteran's claim for a 60 percent rating for bladder dysfunction is denied as the earliest date entitlement became factually ascertainable was December 22, 2009. The Veteran's claim for TDIU prior to December 22, 2009 is also denied due to his ability to secure and follow substantially gainful employment.

The Veteran's claims for increased ratings for his left knee disabilities have been denied. The Board found that the evidence did not support higher ratings based on limitation of motion, instability or subluxation, or dislocated semilunar cartilage.

The Board has denied the Veteran's claim for an evaluation in excess of 10 percent for right knee DJD, status post right knee replacement from October 17, 2009 to April 1, 2016 because the disability was severed due to a prior grant of service connection.

The Board has ordered further remand for the Veteran to be examined and updated records obtained, as the prior examinations did not comply with the requirements set forth in Correia v. McDonald and Sharp v. Shulkin.

The Board denied service connection for a right knee disorder as the evidence did not show it was incurred in or aggravated by active service.

The Veteran's urinary incontinence is rated at 40 percent from February 10, 2014 to June 3, 2018. The rating reduction for his left knee disability was improper and restored the prior rating.

The Board has denied the claims of service connection for right knee, left knee, and back disabilities due to a lack of evidence showing these conditions were incurred or aggravated during active military service.

The Veteran's initial higher ratings for his right knee and left ankle disabilities were denied. The case was remanded for further development.