Knee decisions — 2021

The Board has decided to remand the case due to a failure to satisfy its duty to assist, specifically in obtaining an adequate medical examination and opinion. The Veteran's right knee disability is now subject to further review.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to care for some daily personal needs and protect himself from the hazards of his daily environment without the assistance of others, warranting SMC based on the need for A&A.

The Board has remanded the Veteran's claims for service connection for bilateral knee conditions and left foot condition due to insufficient evidence. The Veteran needs to undergo VA examinations to determine the nature, etiology, and severity of his conditions.

The Board has found that additional development is needed to properly assess the severity of the Veteran's service-connected knee symptomatology and to determine if his diagnosed bilateral knee joint osteoarthritis and/or right knee meniscus tear were caused or aggravated by his service-connected patellofemoral syndrome. The claims for increased evaluations and the claim of entitlement to a TDIU are inextricably intertwined, so they must be remanded for contemporaneous adjudication.

The Board has remanded the claims for service connection and increased rating of right knee strain, neck disability, left upper extremity disability, and headaches due to conflicting evidence or need for further development.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected disabilities (including depressive disorder, lumbosacral strain, bilateral knee replacements, right shoulder arthritis, and radiculopathy of all four extremities) contributed to his obesity, which in turn caused his obstructive sleep apnea.

The Board has remanded the Veteran's claims for increased ratings for left knee instability and osteoarthritis due to inadequate medical documentation of ranges of motion in weight-bearing and nonweight-bearing, active and passive.

The Board has denied service connection for left and right knee disabilities as the evidence does not support a finding that these conditions began during ACDUTRA service or are otherwise related to an in-service injury, event, or disease.

The Veteran's left knee osteoarthritis is rated at 60% and her hysterectomy is rated at 30%. Both conditions are granted.

The Veteran's appeal is remanded for further proceedings regarding his left knee arthritis and instability claims. The Board found that the Veteran should receive a disability rating of 20 percent for left knee instability prior to February 7, 2021, and a maximum 30 percent rating from that date onwards.

The Veteran's service-connected back disability is denied as not secondary to his right knee disability or related to an in-service injury.,For the periods prior to February 23, 2015, from April 1, 2015 to October 5, 2015, and from December 1, 2015 to July 18, 2018, a rating in excess of 10 percent for the right knee disability is denied due to painful motion.

The Board has determined that the Veteran's low back and left knee disabilities were not incurred or aggravated during active service, as there is no evidence of a chronic condition in service or continuity of symptomatology. The appellant's statements regarding symptoms since service are found to be less credible due to their inconsistency with service records.

The Veteran's claims for increased ratings for his right knee disabilities have been denied. The Board found that the evidence did not support higher ratings for any of the conditions.

The Board has remanded the issues of service connection for a lower back disorder, bilateral pes planus, and an acquired psychiatric disorder due to missing relevant service records. The Veteran's right and left knee disorders have been rated based on painful flexion.

The Veteran's left knee disability is granted, and his right knee disability remains at a 10% rating. The TBI residuals are rated as headaches and tinnitus, with separate ratings. PTSD with major depressive disorder is granted to a 50% rating prior to July 23, 2009, but denied for higher ratings thereafter.

The Board has determined that a remand is necessary to ensure proper development and consideration of the Veteran's claims for increased ratings for left knee strain, COPD, and service connection for a back disability. The previous examinations are inadequate and further examination is required.

The Board found that the Veteran's neck, right shoulder, and left knee disorders were not incurred or aggravated by military service. The evidence did not show continuity of symptomatology since separation from active duty.

The Board denied the Veteran's claim for service connection for a bilateral knee disability, finding that his current knee disabilities were not shown as chronic in service or related to an injury or disease during service. The preponderance of evidence did not support a link between his current condition and his military duties.

The Veteran's PVD of the LLE, right leg amputations, and loss of use of both feet are rated at their highest levels effective January 16, 2017. SMC is granted at level (r)(1).

The Board has remanded the case for a determination on whether the Veteran's bilateral leg/knee disability, including Osgood Schlatter disease, preexisted service and was not aggravated during service.