Knee decisions — 2021

The Board has remanded the Veteran's claims for service connection for chondromalacia of the left and right knees due to a lack of clear and unmistakable evidence that the condition existed prior to service entrance.

The Board denied the Veteran's claim for disability compensation benefits under 38 U.S.C. § 1151 for bilateral above the knee amputations, finding that the additional disability was not caused by VA negligence or lack of proper skill and was not an event reasonably foreseeable.

The Board has remanded the Veteran's claims for right knee arthritis and residuals of a partial meniscectomy due to outstanding VA treatment records and regulatory changes in rating criteria.

The Veteran's appeal for an increased rating for multilevel lumbar degenerative disc disease and joint disease with myofascial pain and scoliosis is dismissed. The claim for service connection of arachnoid cyst is denied, while the claim for a higher initial rating for left knee degenerative joint disease with chondrocalcinosis is granted with a 10% rating effective July 9, 2009, and a separate 10% rating for right knee instability is granted.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not prevent him from securing or following substantially gainful employment.

The Board has remanded three issues related to the Veteran's right knee disability, including rating for ligamentous strain prior to August 22, 2013 and instability since that date. The missing private treatment records are noted as a reason for remand.

The Veteran's appeals for increased ratings for left knee osteoarthritis prior to January 29, 2020 and since that date have been denied. The medical evidence does not support a higher rating under the applicable diagnostic codes.

The Board has granted service connection for a bilateral knee disability as secondary to the Veteran's service-connected bilateral plantar fasciitis. The rating assigned is 30 percent, effective August 27, 2013. The claim for an initial compensable rating for tinea pedis was denied.

The Board has remanded the cases due to inadequate examination and opinion regarding the Veteran's service-connected bilateral knee disabilities, as well as his claim for TDIU.

The Board denied service connection for a left leg disability, including meralgia paresthetica and left knee strain, finding the preponderance of evidence against a link to active service.,The Board also denied service connection for right patellofemoral syndrome, concluding there was no in-service injury or disease that could be linked to the current condition.

The Veteran's claims for service connection for sleep apnea, an acquired psychiatric disorder, and oral ulcers have been remanded due to the need for further development.

The Veteran's claims for increased ratings of her service-connected left pelvic, right foot, and right knee disabilities were denied by the Board. The appeals were remanded multiple times due to issues with VA examinations and compliance with previous directives.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's right knee condition. The Veteran is required to undergo a new VA examination to determine if his current right knee disorders are related to service.

The Veteran's claim for increased ratings for right lower extremity surgical scars, status post total knee replacement was denied. Prior to March 25, 2019, the rating remained at 10 percent and from that date it was denied a higher rating of 20 percent.

The Veteran's left and right knee disorders are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence.

The Board has remanded the claims for service connection for migraine headaches, rating in excess of 10 percent for a left knee disability (limited flexion), and compensable rating prior to September 10, 2018, and in excess of 20 percent thereafter for a left knee disability (instability).

The Board has remanded the case due to a lack of compliance with Correia and Sharp requirements, as well as for consideration of right knee instability under Diagnostic Code 5257.

The Board has found that a new VA examination is necessary to determine the current level of severity of the Veteran’s lumbar spine and knee disabilities, as well as an updated TDIU application is needed.

The Board has remanded the Veteran's claims for service connection for various conditions, including Bartter Syndrome and its secondary effects. The case is being returned to obtain clarification on the nature of her condition and determine if it was acquired in service or preexisted.

The Board has denied the Veteran's claims for service connection for right knee disorder, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy.