Knee decisions — 2021

The Veteran's claim for a TDIU prior to September 7, 2012 was granted. The issues of service connection for left knee disability (claimed as secondary to right knee disability), right wrist disability, and lumbar spine disability (claimed as secondary to right knee disability) were remanded.

A 30 percent rating is granted for the Veteran's post-TKR left knee disability, effective throughout.

The Veteran's appeal for service connection of her left knee disability, which is secondary to a service-connected right knee disability, has been withdrawn by the appellant.

The Board has remanded the case for a new VA medical opinion to address the Veteran's left knee disability prior to June 15, 2009. The remand requires consideration of additional loss of motion due to weakened movement, excess fatigability, diminished endurance, incoordination, and duration of flare-ups.

The Veteran's appeal for a higher rating for his left knee disability has been granted, with a separate rating of 10 percent for instability from September 30, 2009. The claim for a rating in excess of 10 percent based on limitation of motion remains denied.

The Veteran's right knee replacement has not resulted in severe painful motion or weakness, which would warrant a higher rating. The Veteran also did not have diminished hearing acuity at a compensable level.,There is no evidence of chronic residuals consisting of severe painful motion or weakness for the right knee replacement, and there is no evidence of MTSS or shin splints for bilateral hearing loss.

The Veteran's claim for an earlier effective date for left knee quadricep muscle atrophy disorder and right carpal tunnel syndrome rating was granted, with the earliest possible effective dates being May 6, 2002.,Both conditions were found to have been present since service, but not recognized until the Veteran filed his claims in May 2002.

The Veteran's initial disability rating for subluxation of the left knee has been granted at a 10 percent level as of September 29, 2020. The Veteran's degenerative joint disease of the left knee continues to be rated at 10 percent.

The Board has remanded the claim for left knee chondromalacia due to new rating criteria and additional development of records.

The Board has dismissed the appeals regarding service connection for various conditions due to the Veteran's death.

The Veteran's appeal is remanded for additional examinations and development to address the severity of his service-connected left knee/femur disability, determine if a low back disorder is related to service or secondary to his left knee condition, and evaluate whether he qualifies for TDIU.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow substantially gainful employment.

The Board granted an extension to February 21, 2012 for the temporary total rating (TTR) based on post-surgical convalescence following right knee surgery performed on August 31, 2011.

The Board has withdrawn the Veteran's appeals regarding his right knee and left knee disability ratings, as well as his claim for service connection for a right knee disability. The case is now remanded to obtain a new medical opinion on the issue of service connection for a left ankle disability.

The Veteran's migraine headaches are presumed to have started during the one-year period following his separation from active service. The Veteran has a current diagnosis of migraine headaches and experienced headaches during service, though no treatment was provided at that time.,There is insufficient evidence to establish a link between the Veteran's right shoulder disability and service. While he reported discomfort and clicking when raising his arm in service, there are no records indicating any injury or condition related to this issue until after separation from active service.

The Board denied the Veteran's claims for service connection of a low back disability, left knee disability, and major depressive disorder (secondary to other disabilities) due to lack of new and material evidence.

The Veteran's left knee condition is being remanded for a VA examination to determine the nature and etiology of his current disorder, including whether it began during service or is otherwise related to an in-service injury.

The Veteran's claim for a higher disability rating in excess of 10 percent for his right knee disability is denied. The evidence does not support a finding that the Veteran's right knee disability warrants a higher rating.

The Board has remanded several claims for further development, including those related to right knee instability, left knee instability, bilateral hearing loss disability, lumbar spine disability, left hip limitation of flexion, left hip degenerative arthritis with residuals of left femur fracture, right knee meniscal tear with arthritis, residuals of a left knee injury with arthritis, and hemorrhoids.

The Board has found that the Veteran's left leg disability existed prior to service and was not aggravated by service. However, a new examination is needed to determine if his current left knee disability had its onset during service or is otherwise related to his active duty service.