Knee decisions — 2021

The Board has determined that additional development is necessary to address the Veteran's claims for service connection of various disabilities, including knee and shoulder conditions, as well as a lumbar spine disability. The case is being remanded for further examination and opinion.

A separate rating of 10 percent for a right knee meniscal tear with limitation of flexion is granted beginning July 25, 2013. A separate rating of 10 percent for a right knee meniscal tear with instability is granted prior to February 29, 2016.

The Board denied the Veteran's claims for service connection for right shoulder and left knee/leg disabilities, finding that there was no evidence of a current disability related to his active military service or service-connected conditions.,The Board also found that the Veteran's current right shoulder degenerative joint disease is not directly related to his service, nor is it proximately due to or aggravated by his service-connected left shoulder condition.

The Veteran's GERD is rated 10 percent disabling, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's left knee strain with instability and shin splints, left knee strain with limitation of flexion, right knee strain with instability and shin splints, and right knee strain with limitation of flexion are all rated 10 percent disabling. The Board finds that additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's left ankle sprain and right ankle sprain are both rated 10 percent disabling. Additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's low back strain with degenerative arthritis is rated 20 percent disabling, but the Board finds that additional evidence is needed to determine if this rating is appropriate.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both rated 10 percent disabling. Additional evidence is needed to determine if these ratings are appropriate.

The Board has remanded the Veteran's claims for service connection for various conditions, including left shoulder condition, low back condition, bilateral knee conditions, bilateral plantar fasciitis, sinusitis, cervical spine degenerative joint disease, erectile dysfunction, right ankle condition, and sleep apnea and associated sleeping disorder. The appeals are not about service connection at all.

The Board has remanded the Veteran's claims for cervical spine and right knee conditions due to insufficient evidence regarding their etiology. The Veteran will need to provide additional medical records, including VA and private records, and an examination is required to determine if her conditions are related to service.

The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, as determined by the VA examiners.

The Veteran's bilateral knee and back braces, prescribed for service-connected disabilities, tend to wear out or tear his clothing. The Board has granted the Veteran's claims for a clothing allowance in calendar year 2016 for both the bilateral knee brace and the back brace.

The Veteran's service-connected disabilities, including acute intermittent porphyria with iron deficiency anemia, somatization disorder, bilateral lower extremity peripheral neuropathy, left knee instability, and right knee chondromalacia patella, rated at a combined 70 percent prior to December 18, 2015, did not render him unemployable for substantially gainful employment.

The Board has remanded the case for additional development, including a new examination to assess the severity of the Veteran's right knee condition and its impact on his ability to work. The issues of increased rating for right knee osteoarthritis and TDIU are inextricably intertwined.

The Veteran's claim for a higher rating for his depressive disorder with anxious distress was granted, and he is now receiving a 70 percent disability rating. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Board has determined that the VA examinations are inadequate and requires further development to determine if the Veteran's knee disabilities are related to his military service.

The Board has remanded the case for further action on issues related to lumbar spine degenerative disc disease and SMC based on the need for aid and attendance. The initial compensable ratings for right and left lower extremity scars remain denied.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or financial assistance in purchasing an automobile and adaptive equipment, as his conditions are not severe enough to warrant such benefits.

The Board has determined that the Veteran meets the criteria for VR&E benefits, other than employment services, to include training in pursuit of a career as an attorney. The decision is based on the Veteran's service-connected disabilities and his vocational goal.

The Board has granted the Veteran's claim of service connection for a left knee disability, finding that it is proximately due to his service-connected right knee disability.

The Board has remanded the Veteran's claims for service connection due to outstanding treatment records and inadequate medical opinions. The claims will be addressed again with additional development.

The Board has decided to remand the Veteran's claims for additional private medical records from Dr. S.R., as there appear to be outstanding records that are relevant to his bilateral knee disabilities.

The Board has determined that a remand is necessary to obtain missing service treatment records and private medical records, as well as to schedule the Veteran for VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's service-connected left and right knee disabilities have been rated at 10 percent each, but the Board has determined that these ratings are not warranted due to the lack of evidence of incapacitating exacerbations or other factors justifying a higher rating.