Knee decisions — 2021

The Veteran's right knee instability is granted a separate 10 percent rating. The claim for a higher rating for his right knee strain remains denied.

The Veteran's petition to reopen the previously-denied claims for gout of various joints, including right ankle, feet, toes, ankles, knees, hands, and left shoulder, is granted. The appeal includes remanded issues related to these conditions.

The Veteran's appeal includes multiple issues related to his service-connected right knee disabilities and an acquired psychiatric disorder. The Board has determined that additional development is needed for these claims, including obtaining updated VA treatment records, scheduling a new VA psychiatric examination, and determining the proper rating for his right knee conditions.

The Veteran's service-connected lumbar spine disability caused wear to his upper body garments, warranting a clothing allowance for the back brace. However, there is no evidence of knee braces being used due to service-connected disabilities, so the request for a clothing allowance for bilateral knee braces was denied.

The Board has granted the Veteran's claim for service connection for osteoarthritis of the right knee, finding that the evidence is in at least relative equipoise as to whether the disability was incurred in or related to service.

The Board has remanded the Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, right knee disability, psychiatric disability (including PTSD), alcohol dependency/abuse, left eye disability, and memory loss. The claims are being returned for further development.

The Board has remanded the Veteran's claims for increased ratings for right knee arthritis, reduced extension, and instability due to incomplete information in the February 2021 examination report. The case is returned for further development.

The Veteran's lumbosacral strain disability is now considered service-connected.,The Veteran's right knee and left knee disabilities are now considered service-connected.,The Veteran's OSA is now considered service-connected.,The Veteran's pulmonary disability remains not service-connected.,The Veteran's right wrist and left wrist disabilities remain not service-connected.

The Board has denied service connection for right and left knee, leg, and hand disabilities (other than sciatic nerve pain) as there is no evidence of a current disability separate from the Veteran's service-connected back and sciatic nerve pain.

The Veteran's appeals for increased ratings and service connection have been withdrawn.,The Veteran's claims for deviated septum, obstructive sleep apnea, acid reflux, heart disability (enlarged heart and cardiomyopathy), restless leg syndrome of the right leg, restless leg syndrome of the left leg, and TDIU are REMANDED.

The Veteran's bilateral knee disabilities may have prevented him from obtaining or maintaining substantially gainful employment since June 2020. The Board has remanded the case to refer consideration of TDIU on an extraschedular basis.

The Board has remanded the issues of service connection for a back disability and increased rating for left knee disorder. The Veteran's left knee disorder is currently rated at 50 percent since April 26, 2013.

The Board has remanded the case due to insufficient consideration of the Veteran's service-connected left knee disability and unspecified mood disorder in determining his eligibility for TDIU benefits. The case is now pending further examination and opinion.

The Board has remanded the claims for increased ratings for right and left shoulder disabilities, lumbar spondylosis, left knee degenerative arthritis, and plantar fasciitis. The issues of service connection for a left wrist disorder and increased rating for right ankle strain are still pending.

The Veteran's right knee strain and limitation of flexion are rated at 10 percent, while his chronic rhinitis is not compensable. The reduction in rating for the right knee strain from 10% to noncompensable was restored.

The Board has determined that the Veteran does not have a current right knee disability and denied service connection for this condition. The spine condition claim is remanded due to inadequate examination.

The Board denied the Veteran's claims of entitlement to increased ratings for his right knee strain and service connection for a right shoulder disability, finding that the evidence did not support higher or separate ratings based on limitation of motion or instability. The Veteran's right shoulder condition was determined to be less likely caused by an in-service injury.

The Board has remanded the Veteran's claims for additional development due to inadequate examination and reliance on lay evidence. The case is being returned to ensure full compliance with the duty to assist.

The Board denied service connection for right and left shoulder disability, low back disability, and bilateral knee degenerative joint disease as the evidence does not support a link to military service.

The Veteran's left knee instability and arthritis with patellar tendon rupture have been rated at the maximum allowed, but a separate rating for flexion limitation has been granted.