Knee decisions — 2021

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's lumbar spine disability, neck disability, right knee disability, and PFB. The claims for sleep apnea are remanded as well.

The Board dismissed the claims for service connection of anxiety disorder, bilateral hearing loss, right and left arm disabilities, as well as an increased rating for tinnitus and earlier effective date for the grant of service connection for tinnitus. The claim for a left knee disability was granted.

The Board denied the Veteran's claims for a compensable rating for hemorrhoids and TDIU due to service-connected disabilities. The evidence did not meet the schedular criteria for TDIU, but the Board found that referral for extraschedular consideration was not warranted.

Service connection for headaches is granted. The Veteran has a current diagnosis of cluster headaches and experienced symptoms during service, with continuity of symptomatology post-service.,Service connection for a right knee disability is denied. The Veteran's right knee degenerative joint disease was not shown as chronic in service or within the applicable presumptive period, and there is no established continuity of symptomatology.,Service connection for a right leg disability is denied. The Veteran does not have a current diagnosis of a right leg disability, and his subjective symptoms do not meet the criteria for a disability under Saunders v. Wilkie (2018).,Service connection for chest pain is remanded. VA examination opinions are inadequate due to reliance on lack of documentation in service treatment records.,Service connection for sleep apnea is remanded. VA examination opinions are inadequate due to reliance on lack of documentation in service treatment records.,TDIU due to service-connected disabilities is remanded. The issue cannot be adjudicated until the service connection issues are resolved.

The Board has granted service connection for osteoarthritis and meniscal tears of the right knee, left knee, and obstructive sleep apnea as secondary to service-connected PTSD.

The Veteran's neck disability is granted as service-connected due to a one-year presumptive period following active service. The left knee ACL tear and instability are separately rated at 20 percent for the limitation of motion, with an additional 20 percent for the instability requiring a brace.

The Veteran's appeals for TDIU and service connection for bilateral upper extremity radiculopathy were dismissed. The Board also remanded the claims for a compensable rating for left and right knee instability prior to April 10, 2018.

The Board has remanded several issues related to the Veteran's knee disabilities and psychiatric disorder, including rating decisions for left hand disability, psychiatric disorder, right knee disabilities, and left knee disability. The effective dates for these claims are not addressed.

The Board has determined that the Veteran's right knee condition is at least as likely as not related to his active duty service, granting entitlement to service connection for a right knee disability.

The Veteran withdrew his appeals for all issues involving the service-connected conditions and evaluations, resulting in their dismissal.

The Board has remanded the case for further examination and opinion regarding the Veteran's left knee disability, specifically whether it is related to service or secondary to his service-connected left ankle disability.

The Board has granted service connection for traumatic brain injury, left knee disorder, and right knee disorder. Service connection was denied for thoracolumbar spine disorder and left shoulder disorder.

The Veteran's claim for a 30 percent disability rating for left knee limitation of extension was granted effective March 24, 2008. The Board found that the evidence demonstrated an increase in disability since the date he filed his original claim.

The Board denied the Veteran's claim for service connection of a bilateral knee disability, finding that there was no evidence linking his current condition to his active military service.

The Veteran's initial rating for adjustment disorder is granted at a 70 percent level since October 24, 2013. The Veteran's degenerative arthritis of the left patellar articular margin is rated as 70 percent since October 24, 2013. A TDIU is also granted.

The Veteran's service-connected hearing loss does not meet the criteria for VA compensation purposes.,The Veteran's right knee disability is currently rated at 10 percent, and a higher rating is denied due to lack of limitation of motion or ankylosis.,The Veteran's right hand disability (wrist) is currently rated at 10 percent based on painful motion, and no higher rating is granted as there is no evidence of ankylosis or dislocation of the semilunar cartilage.,PTSD is currently rated at 70 percent, but a higher rating in excess of 70 percent is denied due to lack of total occupational and social impairment.,The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining a substantially gainful employment.

The Board has remanded the Veteran's claims for hypertension, bilateral knee disorders, low back disorder, bilateral ankle disorders, bilateral foot disorders, and headaches due to inadequate medical opinions that did not consider the Veteran's lay statements regarding his service experiences and post-service symptoms.

The Board has remanded the claims of service connection for right ear hearing loss, left ear hearing loss, residuals of a left knee strain, and tinnitus due to conflicting medical opinions and insufficient evidence.

The Board has remanded the Veteran's claims of service connection for a low back disability and a left knee disability due to insufficient medical opinions. The case is returned to the AOJ for further development.

The Board has remanded the Veteran's claims for sleep apnea, bilateral knee disability, and bilateral lower extremity sciatica due to insufficient consideration of lay statements in their decision.