Knee decisions — 2021

The Veteran's initial claim for a higher rating for his left knee disability was denied prior to November 13, 2012 and from January 1, 2013 through September 23, 2013. Since then, he has been granted a 30 percent rating since November 1, 2014.

The Board has determined that the VA examinations conducted for the Veteran's neck and left knee disabilities did not adequately comply with the remand directives. Therefore, addendum VA medical opinions are required to determine if the Veteran's disabilities were caused or aggravated by his service-connected conditions.

The Veteran's claims for increased ratings for right and left knee recurrent subluxation have been denied. The Board found that the preponderance of evidence is against a rating in excess of 10 percent for the Veteran's right knee recurrent subluxation and a rating in excess of 20 percent for his left knee recurrent subluxation prior to October 29, 2019.

The Board has remanded the issue of service connection for a bilateral knee condition due to inadequate examination and lack of substantial compliance with previous remand directives.

The Board has remanded the case due to lack of substantial compliance with previous instructions and a need for a retrospective medical opinion regarding the Veteran's work capacity prior to July 28, 2016.

The Veteran's service-connected left knee degenerative arthritis and instability have been rated at the lowest possible evaluation (10%) since August 1, 2004. The Board has determined that these evaluations are not adequate to reflect the severity of his disabilities.

The Veteran's left total knee replacement is rated at a 60 percent disability rating since May 1, 2019. The appeal for increased ratings was granted.

The Veteran's left knee osteoarthritis is rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's low back disability is rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's initial hip disability (superimposed arthritis) is rated at 10 percent, but an increased rating of 30 percent for limitation of extension is granted.

The Veteran's left knee medial meniscectomy residuals are currently rated as 10 percent disabling, but the Board finds that a higher rating is not warranted due to his symptoms and current range of motion.

The Veteran's service-connected disabilities, including bilateral hearing loss and thoracolumbar spine disability, rendered him unable to secure and maintain substantially gainful employment prior to January 21, 2014. The Board granted a TDIU for this period.

The Veteran's TDIU claim is remanded as the Board did not adequately address his work history and employment status, which could affect his eligibility for a TDIU. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's right knee instability disability is rated at 20 percent effective March 3, 2021. The other conditions of limitation of flexion and extension have not met the criteria for higher initial ratings.

The Board has remanded the Veteran's claims of service connection for right hip and left knee disorders due to incomplete VA opinions. The case is returned to obtain further evaluations.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to February 1, 2016. The Board denied the claim for TDIU on both schedular and extraschedular grounds.

The Veteran's right femoral neuropathy is granted as service connected. The claim for any other right lower extremity disability, to include right knee arthritis, is denied.

The Veteran's claim for service connection for obstructive sleep apnea, including as secondary to PTSD, is remanded. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's claims for earlier effective dates for service connection of right and left knee disorders were denied as the evidence did not support entitlement to an earlier date than January 29, 2015.

The Board found that the Veteran's cervical spine disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,Similarly, the Board determined that the Veteran's low back disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,The Board also found that the Veteran's right knee disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,Regarding COPD, the Board concluded that it did not have its onset during active service and was not caused by a disease or injury incurred in service.,The Veteran's neuropathy of the right upper extremity (claimed as numbness of the right hand) and neuropathy of the left upper extremity (claimed as numbness of the left hand) were also found to have no onset during active service, be unrelated to any disease or injury incurred in service, and not manifest within one year after service discharge.

The Veteran's claims for increased ratings for his left knee disabilities are being remanded due to inadequate examination reports. The case will be reviewed again with a new examination and consideration of the evidence.

The Board has remanded the Veteran's claims for service connection for various foot, back, left knee, and right shoulder disabilities due to inadequate opinions in previous VA examinations.