Knee decisions — 2021

The Board has remanded the Veteran's claims for increased ratings for his bilateral knee conditions due to inadequate medical examination.

The Board has granted service connection for bilateral pes planus and denied service connection for left knee disability, right knee disability, lumbar spine disability, and cervical spine disability.

The Veteran's right knee disability is currently rated at 20 percent for limitation of motion and instability, with a TDIU granted. The Board finds the prior version of Diagnostic Code 5257 more favorable to the Veteran.

The Veteran's appeal is remanded due to insufficient evidence regarding the nature and etiology of his claimed disabilities, particularly chronic fatigue syndrome, obstructive sleep apnea, gastrointestinal disability, headaches, respiratory disability, left shoulder disability, right shoulder disability, left elbow disability, right elbow disability, left knee disability, right knee disability, left eye disability, and right eye disability. Additionally, an updated VA examination is needed for his service-connected psychiatric disorder and carpal tunnel syndrome.

The Veteran's cataracts were denied as the evidence did not show that they began during service or are related to an in-service injury, event, or disease. The chloracne was granted as it became manifest within one year of his separation from service and is presumed due to herbicide exposure.,Asbestosis and COPD were both denied as there was no evidence showing that the conditions began during service or are related to an in-service injury, event, or disease.

The Veteran's service-connected back disability, along with other disabilities, rendered him unable to secure or follow a substantially gainful occupation from May 17, 2014. He is also entitled to special monthly compensation at the housebound rate for this period.

The Veteran's appeal for a rating in excess of 10 percent for left knee chondromalacia patella with instability was dismissed as he withdrew his appeal.

The Veteran's service-connected disabilities, including his adjustment disorder and physical conditions like sleep apnea, headaches, joint pain, and neuropathy, have rendered him unable to secure or follow a substantially gainful occupation from January 28, 2014 to June 6, 2016.

The Veteran's right ankle sprain is granted a 20% rating from March 8, 2016. His initial ratings for IVDS and radiculopathy are granted as requested. TDIU is granted from January 16, 2013 to March 8, 2016. Service connection for bilateral hearing loss is denied.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and bilateral tinea pedis and tinea unguium have been granted. The right knee disability claim is remanded for further action.

The Veteran's service-connected disabilities, including his bilateral knee disabilities and acquired psychiatric disorders, are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. Therefore, the claim for TDIU is granted.

The Board has remanded the issue of service connection for a left knee disability due to an inadequate VA examination. A new medical opinion is needed that considers the appropriate facts of the Veteran's medical history and whether his left knee diagnosis is related to service.

The Veteran was granted a TDIU for the period prior to July 16, 2010 due to his service-connected disabilities making it impossible for him to maintain gainful employment.

The Board has dismissed the appeals for the timeliness of the February 6, 2017 notice of disagreement and a compensable evaluation for left knee scar status post replacement. The Veteran's claims for service connection for sleep apnea, right knee disability in excess of 30 percent, left knee replacement prior to June 22, 2016 and 30 percent thereafter, and TDIU are REMANDED.

The Board denied an earlier effective date for the award of TDIU, finding that it was not factually ascertainable that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to June 8, 2010.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board dismissed the appeals for service connection of various conditions, including osteoarthritis of both knees and several other health issues. The decision was made due to the Veteran's death.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's back disability was not incurred in or due to his time in service, nor is it proximately due to any of his service-connected disabilities. For his left knee disability, the rating assigned did not meet the criteria for an initial rating in excess of 20 percent. His residuals of a gunshot wound were rated appropriately under DC 5311. The Veteran's left and right hip disabilities were also rated appropriately under DCs 5003-5251.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and compliance with VA examination requirements.

The Veteran's claims for increased ratings in excess of 10 percent for right and left knee disabilities, lumbar spine disability, and hypertension have been dismissed as he withdrew his appeals prior to the Board's decision.