Knee decisions — 2021

The Board has remanded the claims of service connection for bilateral shoulder and knee disabilities due to lack of substantial compliance with previous remand directives.

The Veteran's claim for service connection for a left knee disorder has been reopened due to the introduction of new and material evidence. The case is now remanded for further development, including a VA examination.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, and PTSD due to lack of evidence showing a nexus between these conditions and his military service.

The Board has remanded the issues of increased ratings for left knee disability and a separate compensable rating for left femoral nerve neuropathy. The Veteran's other service connection claims are no longer in appellate status.

The Veteran's claim for a higher disability rating for left knee instability from September 1, 2006 is granted. The Board found that the Veteran had slight lateral instability of the left knee as of this date and awarded him a 10 percent rating.

The Board has remanded the Veteran's claims for arthritis of the bilateral knees, low back condition, and carpal tunnel syndrome (left hand and right hand) due to insufficient evidence on record.

The Veteran's claim for SMC prior to January 13, 2020 was denied as he did not meet the criteria for SMC. However, from January 13, 2020, his TDIU based on his acquired psychiatric disability satisfied the requirement for a single disability rated total and combined with other disabilities, met the criteria for SMC.

The Board has remanded the claims of service connection for right hip and right knee disorders, as secondary to a service-connected left knee disorder. The Veteran's right hip and right knee conditions are conceded, but aggravation opinions are needed due to the slow progression of his symptoms.

The Veteran's service connection for chronic bronchitis is granted. The rating for right knee disability prior to June 26, 2019 is denied. A separate rating for torn meniscus in the right knee prior to April 14, 2014 and residuals of a right knee meniscectomy from April 14, 2014 to September 30, 2019 are granted. A temporary total rating for residuals of partial right knee replacement surgery from October 1, 2019 to June 26, 2020 is granted. The Veteran's service connection for hiccups and muscular twitching (neurological tic) is granted with a rating of 30 percent.

The Veteran's appeals for increased ratings for lumbosacral strain and left knee chondromalacia were denied. The rating for the lumbosacral strain was denied prior to April 10, 2021, and since that date. The rating for the left knee chondromalacia was also denied.

The Board has determined that the claims for increased ratings and TDIU are inextricably intertwined with the Veteran's claims for SSA records and private treatment records. The case is therefore being remanded to obtain these records.

The Veteran's service-connected left and right knee retropatella pain syndromes are rated at 10 percent each, but the Board denied higher ratings as his symptoms do not meet or approximate the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's claims for increased evaluations and compensable ratings for left knee disability, left knee scars, and right knee scars were denied. The Board found that the Veteran's left knee degenerative arthritis did not meet or approximate criteria for a higher rating based on limitation of motion.

The Board has denied the Veteran's claim for service connection for a right knee disability, finding that there is no evidence of a link between her current condition and her military service.

The Veteran's service-connected degenerative disease (arthritis) of the lumbar spine is granted, while other claims for various disabilities are denied.

The Board has determined that the Veteran's claimed back, left knee, right knee, left ankle, and right ankle disabilities are not service-connected as they are not shown to be causally or etiologically related to any disease, injury, or incident during active duty service.

The Board has found that additional development is needed for the Veteran's claims of service connection for restless leg syndrome, right hip disability, left hip disability, and right knee disability. The case will be returned to the Board after completion of this development.

The Board has decided to remand the Veteran's claims for low back and left knee conditions due to incomplete records of his National Guard service, requiring further examination and opinion.

The Veteran's appeals for various disabilities and ratings have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for a higher rating for his right knee disorder prior to November 1, 2016 was denied. A 20% rating was granted between November 1, 2016 and April 17, 2017. The claim for a higher rating since June 1, 2018 is also denied.