Knee decisions — 2021

The Veteran's request to reopen his claim for compensation under 38 U.S.C. § 1151 for colon perforation has been granted, and the issue of service connection for diabetes, lumbar spine disability, bilateral knee disability, and hearing loss is remanded.

The Board has determined that a remand is necessary to address the Veteran's claims for service connection of various musculoskeletal disorders, including bilateral knee and shoulder disorders, lumbar spine disorder, and cervical spine disorder. The issues are related to secondary service connection.

The Veteran's service-connected disabilities, including left knee, bilateral patellofemoral syndrome, tinnitus, and bilateral hearing loss, have precluded him from securing or following a substantially gainful occupation since January 13, 2009. The Board has granted entitlement to TDIU on this basis.

The Veteran's left knee disability, including instability and patellar instability, is currently rated at 20 percent since August 29, 2021. The rating reflects the severity of her symptoms, which include pain, swelling, and functional limitations.

The Veteran's right knee was granted a 10 percent rating for degenerative changes, postoperative and osteoarthritis and patellofemoral syndrome of the right knee prior to February 11, 2014.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected acne is remanded due to the need for additional VA medical records.,The issue of entitlement to a TDIU prior to June 24, 2020, is also remanded as it may be impacted by the grant of service connection for sleep apnea.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment, leading to a TDIU since October 2, 2015. The hypertension claim is remanded for updated blood pressure readings.

The Veteran's claims for increased ratings for left and right knee disabilities have been denied. The Veteran was granted a 100% disability rating from January 15, 2020 to March 1, 2021 for the left knee disability based on the implantation of prosthesis.

The Veteran's obstructive sleep apnea is granted as service-connected.,For the period prior to January 2021, a higher rating for left knee flexion disability was denied. For the period from January 2021 onwards, a higher rating for left knee extension disability was also denied. A separate rating of 20 percent for recurrent subluxation or lateral instability was granted from December 2019. The Veteran's left knee scar is not compensable.

The Veteran's right knee strain and instability have been rated at the lowest possible levels due to the lack of evidence showing more severe symptoms or impairment.

The Board has remanded the Veteran's claims for increased ratings and temporary total disability ratings due to incomplete examination reports, specifically lacking estimates of range of motion during flare-ups or after repetitive use. The AOJ is instructed to obtain new medical examinations.

The Veteran's right knee condition is rated at 10 percent disabling, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims of service connection for right shoulder and left knee disabilities due to deficiencies in the April 2021 VA medical opinions. The claims are now pending for further development.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, left shoulder DJD, right shoulder DJD, lumbar spine DJD, and right knee DJD. The decision is based on a lack of evidence linking these conditions to his military service.,Service connection was not granted as the Board found no medical evidence that any of the Veteran's claimed disabilities were incurred or aggravated by his active duty.

The Board has determined that further development is necessary before the claims can be adjudicated. The Veteran's service-connected disabilities have not been fully evaluated, and there are issues regarding his ability to work due to his insomnia and knee conditions.

The Veteran's 10 percent rating for left knee subluxation is restored effective February 1, 2018. The issues of entitlement to a higher rating and TDIU are remanded.

The Board denied service connection for a back disability and a left knee disability, finding that the evidence did not support a link to service or within the presumptive period.

The Board has ordered a remand for further development regarding the Veteran's claim of service connection for a right knee disability. The current examination and opinion are inadequate, and additional diagnostic studies and an addendum examination are needed to confirm the existence and nature of any current right knee disability.

The Veteran's service-connected disabilities, including dermatitis, left ankle and knee conditions, urticaria, and nerve injury, make it impossible for him to secure or follow a substantially gainful occupation. The Board has determined that the evidence is in equipoise as to whether he can perform most occupations due to his disabilities.

The Board has granted service connection for avascular necrosis of the left hip, right knee, and left knee, as well as striae of all extremities and the trunk. These conditions are found to be secondary to the Veteran's service-connected kidney disorder.