Knee decisions — 2021

The Board has dismissed the claim of service connection for a left knee disability as it was resolved by granting service connection in a previous rating decision.

The Veteran's appeal for a higher rating for his chronic lumbar strain and TDIU was denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the lumbar strain, as it did not meet the criteria for such a rating based on limitation of motion or other factors. For the TDIU claim, the Veteran's combined disability rating had already reached 100% due to his service-connected disabilities, including cervical radiculopathy and left knee instability, which precluded him from securing and following substantially gainful employment.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed conditions, including chronic fatigue syndrome, headaches, intestinal problems, joint pain, right shoulder condition, left shoulder condition, right knee condition, left knee condition, lower back condition, and residuals of a rib injury on the left side.

The Board has remanded the Veteran's claims for increased ratings for his knees due to a lack of clarity in some evidence and an apparent misunderstanding by a VA clinician.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities did not meet the schedular criteria and there was insufficient evidence to find that he was unable to secure or follow a substantially gainful occupation due to these conditions.

The Veteran's bilateral knee disabilities are being remanded for a new VA examination to assess the current severity of his conditions, as the previous examination did not comply with Correia v. McDonald and does not account for recent worsening.

The Veteran's claim for a higher rating for headaches prior to November 21, 2020 was denied as the evidence did not indicate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's claim for a higher rating for cervical spine disability prior to November 21, 2020 was denied as the evidence did not indicate incapacitating episodes or forward flexion less than 15 degrees.

The Board has remanded the issues of entitlement to TDIU and SMC based on housebound status due to pending development for Social Security Administration (SSA) records. The claims will be reconsidered after the development is completed.

The Veteran's acquired psychiatric disorder, diagnosed as unspecified trauma and stressor-related disorder and major depressive disorder, is granted service connection. The issues of entitlement to service connection for OSA, kidney stones, type 2 diabetes mellitus, a back disability, right knee disability, and left knee disability are remanded.

The Board denied the Veteran's claims for service connection and disability ratings for various conditions, including bilateral hearing loss, left knee issues, PTSD, TMJ, tinea versicolor, hemorrhoids, GERD, and pseudofolliculitis barbae.

The Board has remanded the case due to inadequate medical opinions and further development is needed.

The Board has remanded the claims for service connection for right knee and low back disabilities, as secondary to a service-connected left leg amputation below the knee. The remand requires obtaining additional medical opinions to address whether these conditions are aggravated by the service-connected condition.

The Board has found that additional evidence was obtained after the issuance of previous statements of the case, and thus, a supplemental statement of the case must be issued.

The Board has remanded the Veteran's claim for a disability rating in excess of 20 percent for his left knee status post total knee replacement due to outstanding VA treatment records. The case must be returned to the Board after obtaining all relevant records.

The Veteran's left knee patellofemoral syndrome and associated instability are currently rated at 10 percent, with a separate rating for instability granted. The current ratings do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's appeals for separate disability ratings for his tibia and knee disabilities, as well as a GERD rating, are being remanded due to insufficient information in the record. The Board requests new examinations to ensure the severity of these conditions is accurately assessed.

The Board has granted the Veteran's claim for service connection for left knee strain, chondromalacia, and history of left knee meniscal tear status-post meniscectomy. The condition is deemed to have resulted from his military service.

The Board has ordered the Veteran to be examined for sleep apnea and left knee disability due to insufficient evidence in their claims. The VA will provide medical opinions on whether these conditions are related to service.

The Veteran's left knee disability is currently rated at 10 percent for painful motion, but the Board finds that there has been substantial compliance with its remand directives and reiterates this decision.,Service connection remains in dispute for bipolar disorder, neck disability, right elbow disability, and skin disability. The Veteran's TDIU claim prior to August 25, 2016 is also pending.

The Board has remanded the claims for service connection for sinusitis, bilateral knee disabilities, and right ankle disability due to insufficient reasons and bases. The claim for eye disabilities is also remanded with specific inquiries regarding etiology.