Knee decisions — 2021

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for tinnitus, bilateral hearing loss, right knee disorder, left knee disorder, low back disorder, respiratory disorder, and acquired psychiatric disorder are all at their maximum allowable levels or do not meet the criteria for a higher rating.

The Veteran's low back disability is granted service connection. The remaining appealed issues are remanded for further development.

The Veteran's claim for a higher rating for major depressive disorder was denied. The claims for increased ratings for right knee disability prior to February 11, 2020 were also denied. However, the Veteran was granted a TDIU effective April 1, 2021.

The Board has determined that additional examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection for diabetes mellitus, right knee injury, and residuals of right ankle fracture.

The Board denied service connection for right-knee and left-knee disorders, finding that the Veteran's current knee conditions were not incurred or aggravated by his active military service.

The Veteran's left knee residuals of arthroscopic surgery are rated at 20 percent for moderate instability prior to October 6, 2015 and at 30 percent since May 12, 2016. The Veteran's left knee degenerative arthritis is rated at 30 percent.

The Veteran's claim for a higher rating for right knee instability is being remanded due to the need for additional examination and evaluation of his range of motion.

The Veteran's tinnitus, left knee condition, and right knee condition are all granted service connection. The Board found that the Veteran had a current disability related to in-service noise exposure for his tinnitus, an injury during service for his left knee condition, and symptoms since service for his right knee condition.

The Veteran's service-connected disabilities, including major depressive disorder and PTSD, have rendered her unable to secure or follow substantially gainful employment prior to August 3, 2012. Additionally, the Veteran's psychiatric disability alone has also precluded her from obtaining or maintaining substantial gainful employment during this period.

The Board denied service connection for a right upper trapezius condition, but granted readjudication of claims for service connection for bilateral knee and elbow conditions due to new evidence submitted by the Veteran.

The Board has determined that there is no evidence of current disabilities for the right index finger, left index finger, right elbow, left elbow, right knee, or right ankle. Therefore, service connection for these conditions is denied.

The Veteran's claims for residuals of right ankle keloid removal, left foot disability, right foot disability, facial tic, pyelonephritis (claimed as chronic kidney infections), and lumbosacral strain status post L1-3 lumbar laminectomy have all been denied.,Service connection has not been established for any of the conditions listed.

The Veteran's claims for service connection for left and right knee disabilities are being remanded due to the submission of new and relevant evidence. The merits of these claims will be considered by the AOJ.

The Veteran's service-connected COPD and bilateral knee disabilities are found to be at least as likely as not a cause for why the Veteran required assistance with activities of daily living. The VA has made errors in obtaining relevant medical records, and thus remand is necessary to obtain these records and provide an addendum opinion.

The Board has remanded the cases for additional development due to a duty to assist error.

The Board has remanded the Veteran's claims for service connection for right shoulder, right knee, left knee, and back disorders due to inadequate medical opinions in the April 2019 VA examination.

The Veteran's claims for increased ratings for right foot plantar fasciitis, right knee painful motion, and left knee degenerative arthritis were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Board has decided that the Veteran's sleep apnea is service connected. The left knee, right knee, and low back disorders are remanded for further examination.

The Board denied the Veteran's claim for service connection for left knee disability, finding that there was no evidence to support a nexus between his current condition and military service or service-connected right knee.

The Board denied the Veteran's claims for service connection for a left knee condition and for a compensable evaluation for bilateral hearing loss.,Service connection was not granted as there is no evidence linking current left knee arthritis to service. The Veteran's symptoms were resolved without sequelae.