Knee decisions — 2021

The Board dismissed the appeals due to the death of the appellant, as they have no jurisdiction to adjudicate the merits of these claims at this time.

The Board has decided to remand the cases for additional development due to outstanding records, including SSA and private treatment records. The Veteran's right and left knee chondromalacia patella ratings are also being remanded.

The Veteran's appeal for service connection for a bilateral eye disability has been withdrawn and is dismissed.,Service connection granted for tinnitus, with the condition onset in service.,Service connection denied for left knee strain as it did not onset in service and is not causally related to his service.,Remanded for further examination and opinion regarding obstructive sleep apnea.,Remanded for further examination and opinion regarding an acquired psychiatric disorder (including PTSD and unspecified anxiety disorder).,Remanded for further examination and opinion regarding a bilateral hearing loss disability.,Remanded for further examination and opinion regarding a lumbar spine disability.,Remanded for new VA examination to assess the nature and severity of functional diarrhea since January 2016.,Remanded for new VA examination to evaluate the nature and severity of residuals of left shoulder dislocation.

The Board has remanded the case for further development and consideration, including a referral to the Director of Compensation Services for extraschedular TDIU rating.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed bilateral eye, knee, lumbosacral spine, cervical spine, right ankle, and left ankle conditions. The claims are being remanded for further examination and opinion.

The claim for service connection for right knee postoperative torn meniscus with osteoarthritis is reopened, and the case is remanded for further development. The Veteran's back disability, left ear hearing loss, and hypertension are also being remanded.

The Veteran's service-connected disabilities, including persistent depressive disorder, degenerative joint disease of the lumbosacral spine, and bilateral knee conditions, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for right knee disability for treatment purposes only under 38 U.S.C. Chapter 17, finding a continuity of symptomatology since the in-service injury.

The Veteran's appeal for an increased rating for left knee DJD, based on limitation of motion, was denied by the Board. The disability is currently rated at 10 percent under Code 5003-5260.

The Board denied the Veteran's claims for service connection of gynecological disorder, left hip disorder, and left knee patellofemoral syndrome. The Board found that there was no evidence linking these conditions to active duty service.

The Veteran's appeal for an increased disability rating for his service-connected left knee patellar tendonitis is remanded due to inadequate VA examinations conducted in July 2012 and April 2016. The Board requests a new VA examination to determine the current nature and severity of the condition, including functional loss during flare-ups and with repeated use over time.

The Board has denied service connection for bilateral hearing loss and granted service connection for tinnitus. The remaining issues are being remanded.,Service connection is granted for tinnitus, but the claim for bilateral hearing loss remains denied.

The Veteran's service-connected disabilities, including depression and knee conditions, have prevented him from securing or following substantially gainful employment since September 30, 2010. The Board has granted a TDIU effective that date.

The Board has remanded the case due to an insufficient consideration of the Veteran's medical history and her lay statements regarding her right knee disability.

The Board has determined that the VA did not substantially comply with its January 2021 remand, and thus the case is being returned for further development.

The Board has determined that further VA evaluations and records are needed to properly assess the Veteran's right knee disability, as the current evidence is insufficient for a determination.

The Board has decided to remand the case for further development and readjudication due to inadequate VA examinations, specifically those from 2015, 2017, and 2018. The Veteran's left knee disorder is being evaluated again with a new examination.

The Veteran's right knee disability is currently rated as 10 percent disabling under the old rating criteria, and a higher evaluation is denied.,Service connection for tinnitus was remanded due to insufficient evidence linking it to military noise exposure.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and employment information. A VA examination will be scheduled to assess the impact of his service-connected orthopedic disabilities on his ability to work.

The Board has remanded the Veteran's claims for increased ratings for various disabilities, including left shoulder and ankle disabilities, lumbar spine disability, and right knee disability. The issues include determining appropriate functional loss due to pain or other symptoms during flare-ups or with repeated use, as well as assessing whether there are any incapacitating episodes associated with these conditions.