Knee decisions — 2021

The Veteran's claim for a compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter was denied. The Veteran also received an award of TDIU effective March 5, 2015.

The Veteran's claim for an increased rating of his right knee degenerative arthritis was denied as the evidence did not show limitation of motion that would warrant a higher rating.,The Veteran's claim for shortening of the right leg secondary to his service-connected right knee disability was also denied, as there is no compensable rating available under VA regulations.

The Board denied the Veteran's claims for service connection for a left knee disability, finding that there was no direct or secondary service connection based on the lack of evidence showing a nexus between his current condition and service.

The Board has remanded the Veteran's claims for a VA examination to determine whether his right and left knee semilunar cartilage dislocations are service-connected or due to other conditions. The issues include determining if these conditions result in frequent episodes of locking, pain, and effusion.

The Board denied service connection for headaches, bilateral foot disorder, acquired psychiatric disorder, and left knee disorder as they were not related to service or a service-connected disability.

The Veteran's SMC claim for regular aid and attendance is granted. The automobile allowance claim is denied due to the absence of permanent loss of use of one or both feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of knees or hips in his service-connected disabilities. The TDIU claim before July 17, 2002, is remanded for extraschedular consideration.

The Board denied service connection for decreased memory, left ankle condition, and right ankle condition due to lack of a current diagnosis and insufficient evidence linking these conditions to service.,Service connection was also denied for anemia, hypertension, kidney condition, left knee condition, and right knee condition as the preponderance of the evidence did not support a link between these conditions and service.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.

The Veteran's claims for increased ratings for traumatic arthritis of the right and left knees, as well as a separate rating for residuals of partial meniscectomy of the right knee, were denied. The Board found that the evidence did not support higher ratings under the applicable diagnostic codes.

The Veteran's claims for service connection have been granted for a left lower eyebrow disability. Claims for service connection for left and right knee disabilities, thyroid cancer, esophageal cancer, lung cancer, and lymph node cancer (lymphoma) are remanded due to insufficient evidence.

The Veteran's claims for service connection for bilateral lower extremity arthritis and a right knee disability have been remanded due to the need for additional medical opinions regarding their etiology.

The Veteran's right knee disability is granted as service connected, with symptoms beginning during active duty and continuing since then.

The Board has remanded the Veteran's claims for service connection and secondary service connection due to incomplete records, particularly those from his Reserve service. The claims will be returned for further development including obtaining missing Reserve service records and a VA examination.

The Veteran's left leg injury with knee pain was granted a 30% disability rating since May 16, 2018. A separate 10% rating for instability of the left leg injury with knee pain is also granted. The Veteran's scars on his left leg associated with the knee pain are rated at 20% since May 16, 2018.

The Board has referred the claims for earlier effective dates for service connection of right and left knee disorders to the AOJ. The issues are remanded pending resolution of these matters.

The Board has granted clothing allowances for the use of right and left knee braces, as well as a back brace in 2014. The Veteran's use of these braces caused damage to his clothing due to their design. However, the claim for a wrist brace was denied because it was not related to a service-connected disability, and the TENS unit and topical medication claims were denied based on lack of evidence showing they caused damage to clothing.

The Veteran's left knee total replacement residuals are rated at 30 percent, which is the minimum rating after a total knee replacement. The evidence does not show more than noncompensable limitation of motion or severe painful limitations.

The Veteran's service-connected disabilities, including bilateral knee osteoarthritis and instability, likely preclude him from securing or following a substantially gainful occupation as of August 30, 2018. Prior to this date, the disabilities did not prevent employment.

The Board has decided to remand two issues: service connection for a bilateral hip disorder and an increased rating for DJD of the left knee. The AOJ needs to review new evidence, including VA examination reports and treatment records, before making decisions on these claims.

The Board has remanded the case for further development, including a new VA orthopedic examination to evaluate the severity of the Veteran's service-connected right and left knee disabilities under the revised criteria effective February 7, 2021.