Knee decisions — 2021

The Board has granted an earlier effective date of December 7, 1998 for the establishment of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's appeals for higher ratings for his service-connected right hip and knee disabilities were denied. The current ratings are considered appropriate based on the evidence of record.

The Board has granted service connection for left and right knee patellofemoral syndrome, finding that the evidence is in equipoise as to whether these conditions arose during or were aggravated by active service.

The Board has decided to remand the case due to inadequate medical opinion regarding whether the Veteran's current right knee disability is related to service. The case will be returned for further examination and a new opinion.

The Veteran's claims for increased ratings and service connection are remanded due to inadequate examination records and the need for further medical opinions.

The Board denied service connection for hypertension, left knee disability, and right knee disability. The Veteran's hypertension was not shown during active duty or within a year of separation from his period of active duty. The preponderance of the evidence is against finding that left knee or right knee disabilities began during active service or are otherwise related to an in-service injury or disease.,The Board denied service connection for left and right knee disabilities, stating there was no documentation of injuries or complaints during periods of ACDUTRA or INACDUTRA. The Veteran's current diagnoses were not shown to be related to his military service.

The claim of whether new and material evidence has been received to reopen the claim of entitlement to service connection for a left knee disability, to include as secondary to a service-connected right knee disability is granted. The claim of entitlement to service connection for a left knee disability, to include as secondary to a service-connected right knee disability is remanded.

The Veteran is eligible for specially adapted housing due to his service-connected disabilities, which include bilateral hip osteoarthritis and joint replacement, below the knee amputation on the right, neuropathy of the right radial nerve, left knee disability, and PTSD. The Board found that he meets the criteria for assistance in acquiring specially adapted housing as his service-connected disabilities result in a need for constant use of a wheelchair and canes.

The Veteran's back disability is rated at 40 percent from October 13, 2009 to March 6, 2015. The rating for the back disability remains at 40 percent during the entire period on appeal.

The Board has dismissed all active appeals due to the Veteran's withdrawal of his claims.

The Board denied service connection for a lumbar spine disability and remanded the Veteran's claims of entitlement to increased ratings for patellofemoral pain syndrome of the right and left knees, as well as TDIU prior to January 29, 2015.,The case is being remanded due to additional evidence received without a waiver and because of an October 2020 Joint Motion for Partial Remand (JMPR) regarding meniscus pathology in the knees.

The Veteran's right knee DJD with ligament deficits and instability were granted a 10 percent rating prior to April 28, 2005, and a 20 percent rating thereafter.

The Veteran's appeal is remanded for additional development. The Board found no evidence of moderate instability and thus denied a higher rating for right knee instability prior to July 6, 2015. For the period from September 1, 2016 to June 13, 2018, the Veteran's right total knee replacement is rated at 60 percent based on intermediate degrees of residual weakness, pain or limitation of motion.

The Board has dismissed all appeals seeking service connection for various conditions, as the appellant died before a decision was made.

The Board dismissed all withdrawn issues related to PTSD, bilateral shoulder disabilities, pinguecula, and other conditions. The Veteran's service-connected PTSD is rated at 70% for the period prior to May 6, 2019.

The Board denied the Veteran's claim for service connection of a left knee disorder, finding that there was no in-service injury or illness and no continuity of symptomatology after service. The Board also found that the Veteran did not provide sufficient evidence to establish a medical nexus between his current left knee disorder and his military service.

The Veteran's TDIU claim is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, including a mental condition rated at 70 percent.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether the Veteran experienced bilateral pes planus, right knee disability, left knee disability, and back disability during service.

The Board has remanded the Veteran's claims for left and right ankle disabilities, left and right knee disabilities, and bilateral pes planus due to inadequate opinions provided by VA examiners. The examiners were instructed to consider the Veteran's lay statements and complaints but failed to do so.

The Veteran's right knee DJD with loss of extension is currently rated at 10 percent prior to September 26, 2019, and at 30 percent from that date. The Board has found the VA examiner’s opinion insufficient due to lack of consideration of the Veteran's reports of instability and use of a brace.