Knee decisions — 2021

The Board has denied service connection for right knee degenerative arthritis, right hip disability (claimed as secondary to right knee), and right ankle disability (claimed as secondary to right knee) due to a lack of evidence showing the conditions were incurred or aggravated by military service.,There is no current diagnosis of any of these conditions in the Veteran's medical records.

The Veteran's ratings for instability of the left knee and leg length discrepancy status post fracture of left lower leg were restored, with a rating in excess of 10% granted for left knee osteoarthritis.

The Board has remanded the claims of entitlement to a disability rating in excess of 10 percent for right hallux rigidus, service connection for left knee disorder, and service connection for right knee disorder due to pre-decisional duty to assist errors.

The Veteran's renouncement of all VA benefits was valid, and the request to reinstate those benefits is denied.

The Board denied the Veteran's claims for increased ratings for right lower extremity sciatic nerve radiculopathy and right knee degenerative arthritis with leg length discrepancy and right tibia/fibula compound fracture, finding that the evidence did not support a higher rating based on the current level of disability.

The Board has granted a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA), effective November 18, 2019. The appellant is eligible to receive attorney fees from past-due benefits awarded for these decisions.

The Board found that the Veteran was not precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to February 10, 2020.

The Board has determined that additional development is needed to address pre-decisional duty-to-assist errors and to obtain relevant records, including SSA records. The claims for service connection are remanded due to the need for further examination and opinion regarding the etiology of the claimed conditions.

The Board has remanded the claims for service connection for various disabilities due to a pre-decisional duty-to-assist error in not obtaining all relevant service treatment and personnel records. The Veteran is not entitled to service connection for obesity as it is not considered a disease or injury for which direct or secondary service connection may be granted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility is denied as the treatment did not meet the criteria for emergency medical care and VA facilities were feasibly available.

The Veteran's service-connected panic disorder with agoraphobia is granted at a 70 percent rating, effective July 31, 2012. The right knee and right-hand disorders are remanded for further review.

The Veteran's PTSD rating is restored to 70% effective September 1, 2019.,The Veteran is granted TDIU from September 21, 2015.

The Board has determined that the Veteran's December 2019 substantive appeal was timely filed in response to the October 2019 SOC, and therefore reinstates the appeal of the underlying claims.

The Board has remanded the cases for additional development due to insufficient clarification from a VA examiner regarding whether the service-connected left ankle traumatic arthritis caused or aggravated the right ankle and bilateral knee disabilities.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations. The SMC claim is also remanded as it is inextricably intertwined with other issues.

The Veteran's claim for service connection for right knee strain has been denied. The Board also remanded the issue of TDIU prior to June 1, 2020 due to insufficient evidence.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for further development.

The Veteran's acquired psychiatric disorder, including PTSD, Generalized Anxiety Disorder, and Major Depressive Disorder, is granted as service connected. The low back disorder, right knee disorders, left knee disorders, and eye disorder are all remanded for further evaluation.

The Veteran's migraines are rated at 50 percent, and his right knee chondromalacia is rated at 10 percent. The left foot disability was denied.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected right knee disability. The effective date for the award of service connection remains March 27, 2014.