Knee decisions — 2021

The Veteran's claims for increased ratings for his bilateral knee disabilities, service connection for a left shoulder disorder, and sleep apnea are being remanded due to inadequate examination reports. The Veteran needs to be scheduled for new VA examinations to address the nature and severity of his service-connected conditions.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete records and need for additional medical opinions.

The Veteran's right knee instability post arthrotomy is granted a 20 percent rating, effective from the date of the March 2013 decision. The increased rating for right knee DJD remains denied.

The Board has remanded the case for further development regarding service connection for a right shoulder disorder. The decision on whether the Veteran's right knee disorder is related to service remains pending.

The Veteran's left knee instability is rated at 30 percent from October 28, 2013. A higher rating for the condition prior to that date is denied.

The Veteran's claims for increased ratings for left below the knee amputation and osteomyelitis of the left tibia and fibula were denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5000, as there was no definitive involucrum or sequestrum with discharging sinus.

The Board has granted service connection for right knee arthritis and left knee arthritis. Service connection for diabetes mellitus type II is remanded due to the need for a VA examination.

The Veteran's claims for hepatitis C and a higher rating for his right knee arthritis were denied. The claim for an earlier effective date for the separate rating of right knee instability was granted, but the case is now remanded.

The Veteran's appeals for increased ratings for left knee chondromalacia and limitation of flexion were denied as the preponderance of evidence did not show ankylosis, subluxation or instability, meniscus injuries, extension limited to 30 degrees, malunion or nonunion of the tibia and fibula, or genu recurvatum. The Veteran's left knee extension was found to be at 0 degrees with pain during some examinations.

The Board dismissed the appeals regarding ratings for right and left knee disabilities, as well as service connection claims for right hip and leg length discrepancies due to the Veteran's death.

The Board denied the Veteran's claims for service connection for various conditions, including prostate disorder, hypertension, hearing loss, right knee disability, GERD, urinary incontinence, erectile dysfunction, and respiratory disorder. The evidence did not establish a link between these conditions and service or Agent Orange exposure.

The Board has decided to remand the cases of the Veteran's left knee meniscus injury and DJD for additional development, as the current VA examination report is not in compliance with the Court’s decision in Sharp.

The Board has remanded the Veteran's claims for service connection for PTSD, increased rating for left knee disability, and initial compensable rating for right ear hearing loss due to insufficient information provided by Joint Service Records Research Center (JSSRC) regarding the claimed in-service stressors. The Veteran is also required to undergo a new VA examination for his left knee disability and right ear hearing loss.

The Board has determined that the Veteran's degenerative arthritis of bilateral knees is not service-connected, as there is no evidence to support a link between his military service and the condition.

The Board has remanded the claims for additional development due to inadequate VA examinations and opinions regarding ionizing radiation exposure during service. The Veteran's bilateral ankle, knee, hip, and low back disabilities are related to his active service, including ionizing radiation exposure.

The Board has granted service connection for hypertension, but the issues of secondary service connection for a lumbar spine disability and an increased rating for left knee disability are remanded.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claim for an earlier effective date for SMC based on housebound status, finding that he did not meet the criteria for SMC under 38 U.S.C. § 1114(s) prior to November 29, 2014 due to his service-connected disabilities and lack of substantial confinement.

The Board has decided to remand the case due to failure to obtain requested medical opinions and compliance with previous remand directives.

The Veteran's right humerus disability was noted at entrance to service and preexisted service. The Board denied service connection for this condition.,Service connection is granted for the Veteran's pilonidal cyst, as it is related to service.