Knee decisions — 2021

The Veteran's bilateral knee conditions have been rated based on limitation of motion. The right knee was granted a higher rating for meniscus condition and instability, while the left knee received an increased rating for instability.

The Veteran's claims for increased disability ratings for his right knee DJD and instability are being remanded due to the need for additional examination and consideration of functional loss.

The Veteran's claims for increased ratings for left knee limited flexion and TDIU prior to the specified dates are being remanded due to inadequate medical examinations. The Board will request a new VA examination to assess the severity of these conditions.

The Veteran's appeal is remanded due to the need for additional examinations and a review of his PTSD and TDIU claims, as well as his eligibility for special monthly compensation.

The Veteran's claims for increased ratings were denied. The epididymitis with left hydrocele was not rated higher than non-compensable, PTSD with MDD prior to December 6, 2019 and thereafter was not rated higher than 50 percent, right knee patellofemoral pain syndrome (right knee disability) and left knee partial medial meniscotomy with patellofemoral pain syndrome (left knee disability) were also denied.

The Board has remanded the claims for service connection for left and right knee strains due to insufficient evidence in previous examinations.

The Board has remanded the Veteran's claims for neck, back, left hip, right knee, carpal tunnel syndrome of the bilateral upper extremities, and headache conditions due to inadequate examinations and failure to address certain aspects of his claims.

The Board has determined that additional development is needed for the claims of service connection for a neurological condition, fatigue, and right knee disability. The Veteran's claims are being remanded to obtain updated VA treatment records and an addendum opinion regarding his neurological condition and fatigue.

The Board has remanded the Veteran's claims for further development due to the need for additional medical records and examinations. The issues of entitlement to service connection for right ankle, right knee, and sinus disorders are being remanded.

The Board denied an increased rating for left knee strain, finding that flexion was not limited to less than 30 degrees and there were no incapacitating exacerbations.

The Board has granted service connection for right and left knee conditions, as well as left and right shoulder conditions. The evidence is at least in balance regarding the relationship between these conditions and active duty service.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The appeal to reopen service connection for various knee and foot disabilities is granted. However, the preponderance of evidence does not support finding that these conditions began during service or are otherwise related to an in-service injury or disease.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, and chondromalacia of left knee (status post meniscus tear). The remand is due to the Board's reliance on May 2018 VA examinations that did not comply with Correia v. McDonald and Sharp v. Shulkin.

The Veteran's appeals for higher initial ratings for right knee instability and meniscal tear with anterior cruciate ligament tear have been dismissed as he has withdrawn his appeal.

The Board dismissed the appeal of TDIU as the claim was granted in a previous rating decision, and there are no remaining questions of law or fact to be decided.

The Board has dismissed the Veteran's appeals for earlier effective dates of January 31, 2020 for his service-connected left and right knee instability ratings as the Veteran had already elected administrative review through a Higher-Level Review (HLR) decision.

The Veteran's appeal is remanded due to the need for additional records and compliance with prior Board directives regarding informed consent.

The Veteran's appeals for increased ratings and compensation were dismissed due to his death.

The Board has granted service connection for lumbar strain and bilateral knee strain, finding that the Veteran's current disabilities are related to his combat service in Vietnam.