Knee decisions — 2021

The Board denied the Veteran's claim of service connection for a bilateral knee disability, finding that there was no evidence showing a chronic condition in service or within one year after separation. The current diagnosis of degenerative knee arthritis is not considered to be related to an in-service injury.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his failure to provide necessary information and evidence, including VA Form 21-8940, which is required for adjudicating such claims. The Board found that there was not enough information in the record to determine if the Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation.

The Board has remanded the service connection and TDIU claims due to a need for further medical opinion regarding whether the Veteran's low back disability is secondary to his service-connected right and left knee disabilities.

The Veteran's right knee instability is granted a higher 20 percent rating, effective from June 21, 2009. The Veteran's degenerative joint disease (arthritis) of the right knee remains at a 10 percent rating.

The Veteran's tinnitus is granted as service-connected. The claims for bilateral hearing loss, lumbar spine strain with intervertebral disc disease (IVDS), right knee disability, left knee disability, and left ankle disability are remanded due to the need for additional medical examination.

The Veteran's left knee disability, including osteoarthritis and patellofemoral pain syndrome with a history of meniscectomy, is currently rated at 10 percent for the entire appeal period. The Board denied an increased rating higher than 10 percent due to lack of limitation of motion that would warrant a higher evaluation under Diagnostic Codes 5260 or 5261. A separate 10 percent rating was granted for left knee instability prior to February 7, 2021, and a 20 percent rating thereafter.

The Veteran's claims for increased ratings for his service-connected right and left knee disabilities, as well as a TDIU claim, are remanded due to the need for additional development of medical records. The issue of secondary service connection for an acquired psychiatric disability is referred to the RO.

The Board has remanded the claims of service connection for a right knee disability and hearing loss due to incomplete compliance with previous remand directives. The Veteran's right knee disability is being remanded for an addendum opinion addressing causation and aggravation by his service-connected flatfeet and right foot fracture residuals, as well as direct service connection. His hearing loss claim is also being remanded for a new medical opinion considering the Veteran’s noise exposure in service.

The Board has remanded the claims for service connection due to a failure to obtain private treatment records, and will address these issues once VA receives the Veteran's completed forms.

The Board has remanded the Veteran's claims for right knee medial meniscus tear and left knee patellofemoral pain syndrome due to incomplete records, including a missing June 2014 examination report by Dr. Carter.

The Veteran's claims for increased ratings for his left and right knee disabilities prior to April 25, 2016 and July 31, 2017 were denied. The RO assigned 30 percent ratings for each knee status post total knee arthroplasty (TKA) from June 1, 2017 and September 1, 2018 respectively.

The Board has remanded the cases for further development due to new theories of service connection and additional medical opinions.

The Board has remanded the claims for service connection for left and right knee disorders, as well as left and right hip disorders, to include as secondary to service-connected groin strain. The matter will be returned to the VA examiner to address the Veteran's assertions of continuous knee and hip problems since service.

The Board has dismissed the TDIU claim due to improper jurisdiction and has remanded the right knee disorder service connection issue.

The Board dismissed the appeals for entitlement to service connection for left and right knee disorders due to the Veteran's death.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's right knee disability and its relationship to his service-connected right ankle DJD.

Service connection is granted for a left knee strain with scar and the Veteran's dizziness is found to be related to service.

The Veteran's claims for increased ratings for right knee enthesopathy and osteoarthritis were denied as his conditions did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has denied service connection for right knee disability, heart disability, diabetes mellitus, and peripheral neuropathy. Service connection for PTSD is remanded due to the need for a retrospective opinion on its onset and etiology.

The Veteran is rendered unable to maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2012 to June 28, 2018.