Knee decisions — 2021

The Veteran's appeal for a rating in excess of 10 percent for left knee DJD limitation of flexion was denied. A separate rating of 10 percent for left knee DJD instability is granted. Service connection for an acquired psychiatric disorder is granted.

The Veteran's left knee disability was improperly reduced from 20 percent to 10 percent, and the rating is restored. The case is also remanded for a VA examination to assess the current nature and severity of his service-connected left knee disability.

The Board has remanded the case due to outstanding VA treatment records and the need for a more comprehensive knee examination.

The Veteran's reduction in rating from 20 percent to 0 percent for recurrent subluxation of the right knee was improper, and her appeal to restore the 20 percent rating is granted.

The Veteran's depressive disorder is granted as secondary to his service-connected disabilities.,Left and right knee arthralgia associated with sarcoidosis are both granted, with the left knee also diagnosed with DJD and a meniscal tear.

The Board has decided that the Veteran does not have a current disability of bilateral lower extremity radiculopathy and remanded for further development regarding his left knee disorder.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support higher ratings or a TDIU based on his service-connected disabilities.

The Board has remanded the Veteran's claims for right hip, right knee, lumbar spine, and radiculopathy disabilities due to issues with the examinations provided by VA. The Veteran is seeking service connection for these conditions.

The Veteran's claim for an earlier effective date for service connection of a right knee disability was denied as the claim was not received within one year after his separation from active duty.

The Veteran's claim for a higher rating for her right knee disability is being remanded due to insufficient information regarding the use of assistive devices and the need for prescriptions.

The Veteran's claims for bilateral hearing loss, hypertension, left foot toenail fungus, right foot toenail fungus, sleep disorder, restless leg syndrome (RLS), left lower extremity neurological disability, respiratory disability, right hip disability, and bilateral knee disabilities have all been denied. The Board found that the evidence did not meet the criteria for a compensable rating under the applicable VA hearing loss rating schedule.,The Veteran's service-connected injuries from June 6, 2003 fall are not considered to be the cause of his current sleep disorder and other disabilities.

The Board has remanded the Veteran's claims for increased ratings and effective date determinations due to a failure to issue a Supplemental Statement of the Case.

The Veteran's right knee disability is rated at 30 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds that a higher evaluation is not warranted.

The Board has remanded the Veteran's claims of service connection for gout, a foot disability (claimed as trench foot), left ankle disabilities, right ankle disabilities, left knee disabilities, and right knee disabilities due to incomplete STRs and inadequate VA medical opinions.

The Veteran's left and right knee tendonitis/tendinosis have been granted increased ratings from 0 percent to 10 percent, but no higher. The conditions are rated based on limitation of motion under Diagnostic Code 5260 (flexion).

The Veteran's left knee disability was granted a 10% rating from December 11, 2014 to July 15, 2015 for limitation of motion and instability. A separate 20% rating was assigned from May 16, 2015 to July 14, 2015 for meniscal impairment.

The Board denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition due to lack of evidence showing these conditions are related to his knee surgery.,The Board also denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition, finding no medical evidence linking these disabilities to the knee surgery.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied. A disability rating of 40 percent for gout is granted. The criteria for increased ratings for thoracolumbar spondylosis of L5 with degenerative disc disease are not met prior to December 3, 2019 and subsequent to that date. Increased ratings for left knee and right knee disabilities are also denied. A separate rating of 10 percent for instability of the right knee is granted. The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities (TDIU) effective October 1, 2020 is granted.

The Board has decided to remand the cases for further examination and opinion regarding the Veteran's left knee disability and right ankle disability. The issues of service connection are being addressed.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's right knee disability, including its onset in service or relation to any in-service disease, event, or injury.