Knee decisions — 2021

The Board has granted service connection for a right knee disability, other than bipartite patella, finding that the evidence is at least in equipoise regarding whether the Veteran's current condition was incurred during his active duty.

The Board has granted service connection for obstructive sleep apnea, finding that it was aggravated by the Veteran's service-connected chronic tonsilitis with pharyngitis.

The Veteran's left knee disability, including his post-surgical conditions and instability, is currently rated at 30 percent. A temporary total rating for one year following the left total knee replacement has been granted.

The Veteran's right shin splints and right knee osteoarthritis have been rated, but the Board finds that a higher rating is not warranted for either condition.

The Board has remanded the cases for an addendum medical opinion regarding the Veteran's claimed foot conditions, as the current examination does not adhere to the correct legal standard in addressing whether they were aggravated beyond their natural progression during service.

The Board has found that there has not been substantial compliance with the prior remand directives and requires another remand for further development, including an addendum opinion to determine if the Veteran's current knee disabilities had their onset in service.

The Veteran's service-connected disabilities have rendered him unable to obtain and follow a substantially gainful occupation, effective July 18, 2017.

The Veteran's left knee instability and low back disorder were granted increased ratings, while the right knee limitation of motion issue was remanded for further examination.

The Board has remanded the claims for bilateral knee disabilities due to insufficient consideration of the Veteran's lay statements and need for a new medical opinion.

The Veteran was found unable to maintain substantial gainful employment due to service-connected disabilities from May 1, 2009 to May 1, 2010 and from July 22, 2010 to present.

The Board has remanded several issues, including the Veteran's request for higher ratings for his knee disability and entitlement to a total disability rating due to service-connected disabilities. The specific issues include seeking an initial disability rating in excess of 20 percent for a right shoulder disability and entitlement to a total disability rating for individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's claims for hepatitis B, tinnitus, and shoulder disability were dismissed. The claim for jaw condition was denied due to lack of new and material evidence. Bilateral hearing loss was not found as the Veteran did not meet the criteria for a current disability under VA regulations.

The Board denied service connection for right and left knee conditions, finding that the evidence did not support a nexus between current knee disabilities and active duty service.

The Veteran's service-connected disabilities did not result in an inability to secure or follow substantially gainful employment during the period on appeal.

The Veteran's claim for an increased rating for his right knee disability was denied. A separate rating of 10 percent for instability is granted, effective March 26, 2009. The Veteran also received a grant of TDIU from August 31, 2012.

The Board has decided to remand several claims for further development, including obtaining additional medical records and conducting examinations to address the Veteran's service connection claims.

The Board has remanded the issue of service connection for left knee degenerative joint disease due to inadequate opinions and need for updated VA medical center records.

The Board denied the Veteran's claim for service connection for a left knee disability, finding that there is no evidence of in-service injury or disease related to his current condition and concluding that the preponderance of the evidence does not support a link between his military service and his current left knee disability.

The Veteran's right shoulder and right knee injuries are remanded due to incomplete service personnel records, which may contain information regarding the dates of his service in reserve.

The Veteran's right knee instability and limitation of flexion have been rated based on their current manifestations, but the RO has not addressed whether these conditions are due to service-connected disabilities or any other specific exposure. The case is remanded for further development.