Knee decisions — 2020

The Board has decided to remand the case due to inadequate examination and further development is required.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment since at least August 20, 2002.,The Board has remanded the issue of entitlement to an extraschedular TDIU from August 20, 2001 to August 20, 2002 for referral to the Director of Compensation Service.

The Board denied service connection for diabetes mellitus type II and right knee disability, finding no current diagnoses or evidence of in-service injury. The Veteran's claims were not supported by sufficient medical evidence.

The Veteran's claim for service connection for a right knee disability was denied as he did not have a current diagnosis of the condition.,A 10 percent rating was granted for migraine headaches from March 2, 2009 to April 27, 2015. The Veteran’s headaches were found to be prostrating attacks occurring once every two months during this period.

The Veteran's appeal for higher ratings for his right knee disability has been denied. The Board found that the evidence did not support a rating in excess of 20 percent for the period from January 22, 2009 to July 14, 2009 and denied all other claims.

The Veteran's claims are being remanded to obtain outstanding records of VA and VA-authorized treatment, including scanned/VistA imaging records. The right knee increased evaluation claims are also remanded for an adequate medical examination.

The Veteran's claim for a disability rating in excess of 10 percent for service-connected degenerative joint disease of the right knee is denied. The evidence does not support an increase to a higher rating.

The Board has remanded the claims of service connection for bilateral knee conditions due to a lack of an adequate opinion regarding whether the Veteran's pre-existing knee condition was aggravated by service.

The Veteran's claim for service connection for a preexisting left knee injury has been granted. However, the claim for diabetes mellitus, type II remains denied.

PTSD/anxiety was rated at 50 percent from September 11, 2012 to September 13, 2018 and increased to 70 percent effective November 7, 2019.,Left knee degenerative arthritis was rated at 10 percent from September 11, 2012 to July 24, 2013. Residuals of left knee replacement were rated at 60 percent effective November 27, 2018.

The Board has remanded the claims for a left ankle disability, left knee disability, and chronic back disability due to insufficient examination findings. The Veteran's service connection claim is denied as there is no current diagnosis of any left ankle disability.

The Board has denied the Veteran's claim for service connection for diabetes mellitus and remanded the issue of service connection for a bilateral knee disorder. The denial is based on the lack of evidence linking the current conditions to active service.

The Veteran's claim for an increased rating in excess of 30 percent for his service-connected left total knee replacement residuals from November 11, 2012 to November 27, 2018 was denied. The Board found that the criteria were not met and thus denied the request.

The Veteran's claim for TDIU is remanded due to the need for additional development, including obtaining a completed VA Form 21-8940 from the Veteran and conducting further development of his employment history.

The Board has remanded the Veteran's claims of service connection for left and right knee conditions due to insufficient evidence in the record, including unavailable service treatment records. The case requires further development with a VA examination.

The Veteran's service-connected disabilities have caused them to require the regular aid and attendance of another person, which is granted for special monthly compensation based on need for regular aid and attendance (SMC A&A) effective November 1, 2013.

The Veteran's claims for annual clothing allowances are being remanded due to the need for additional VA treatment records from 2008 to May 2017, including those dated from 2014 through 2016. The Veteran is also asked to provide any additional evidence pertinent to his claims.

The Veteran's claims for service connection for hypertension, left knee disability, right knee disability, and obstructive sleep apnea have been denied. The claim for hypertension is not reopened due to lack of new and material evidence. Claims for left and right knee disabilities are reopened based on the receipt of new evidence. Service connection for obstructive sleep apnea is also reopened.,The Veteran's lumbar spine disability remains rated at 10 percent, with a remand required to issue an SSOC.

The Board has remanded the claims for service connection for various orthopedic conditions due to an inadequate examination in the prior decision and new evidence of a continuity of symptoms since service.

The Veteran's appeal of higher initial disability ratings for bilateral pes planus is dismissed as the Veteran withdrew his appeal at a Board hearing.,The Veteran’s claims for service connection for an acquired psychiatric disorder (to include PTSD), hypertension, cardiomyopathy and congestive heart failure (claimed as hypertensive heart disease), tinea pedis of the right foot, tinea pedis of the left foot, obstructive sleep apnea (secondary to GERD/gastritis), a disability rating in excess of 10 percent for GERD/gastritis, a disability rating in excess of 10 percent for degenerative joint disease of the left knee, and a disability rating in excess of 10 percent for degenerative joint disease of the right knee are remanded.,The Veteran's appeal of higher initial disability ratings for bilateral pes planus is dismissed as the Veteran withdrew his appeal at a Board hearing.