Knee decisions — 2021

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined disability ratings do not meet the criteria for TDIU and there is insufficient evidence of record regarding his employment status.

The Veteran is entitled to a TDIU from January 15, 2014 to July 11, 2019 due to his service-connected disabilities that rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the case for further development and consideration of the Veteran's claims, including those related to CUE in a July 1985 rating decision denying service connection for a right knee disability, as well as earlier effective date claims for service connection.

The Veteran's knee and hand disabilities are being remanded for further evaluation due to insufficient medical opinions regarding their relationship to service.

The Board has decided to remand the case due to internal inconsistencies in the April 2019 VA examination, and a new VA examination is required to determine the etiology of the Veteran's bilateral knee disability.

The Board denied the Veteran's claims for service connection for a left knee disorder and bilateral pes planus, finding that there was no evidence of a nexus between these conditions and her active military service.

The Veteran's claim for a rating in excess of 10 percent for left knee limitation of motion was denied as his range of motion did not meet the criteria for such a higher rating.,The Veteran's claim for a rating in excess of 10 percent for left knee instability was denied as his range of motion and stability did not meet the criteria for such a higher rating. The Veteran is prescribed bracing but no assistive device, which precludes him from receiving a 20% rating under the revised criteria.,The Veteran's claim for TDIU was denied as there is no evidence showing that his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's right knee tibiofemoral joint disability was rated at 10 percent prior to August 31, 2016. The case is remanded for further development regarding a higher rating for the right knee total replacement.

The Board has remanded the cases due to insufficient evidence for service connection of various conditions, including cervical spine disorder, lumbar spine disorder, right knee disorder, and acquired psychiatric disorders. The Veteran needs to provide private treatment records related to these conditions.

The Veteran's service-connected right and left knee patellofemoral syndrome with shin splints are each rated at 10 percent, effective September 24, 2011. The Board denied entitlement to higher ratings for these conditions.

The Board has granted service connection for right ear hearing loss, finding that the Veteran experienced current disability at the time of his death and that the evidence is at least evenly balanced as to whether this disability began during active service. Service connection was denied for bilateral knee disability due to lack of evidence showing its onset in service or being related to a disease or injury in service.

The Board has remanded the case due to insufficient information regarding the Veteran's right knee arthritis, specifically during flare-ups and following repetitive use over a period of time. The Veteran needs a new VA medical examination to assess his current severity.

The Veteran's tinnitus is found to be service-connected, with an effective date of March 21, 2017.,An earlier effective date of March 21, 2017 for the 40 percent rating assigned for lumbosacral strain and discogenic disease is granted.,Service connection for a gastrointestinal disability (claimed as diverticulosis) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a prostate disability (claimed as prostate cancer) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for bilateral hearing loss, sinusitis, allergic rhinitis, heart condition, hypertension, and diabetes mellitus are all remanded due to lack of evidence regarding their relationships with service-connected conditions.,Service connection for osteopenia is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a cervical spine disability is remanded due to lack of evidence regarding its relationship with service-connected conditions.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss, right knee condition, and heart disease due to inadequate opinions from previous VA examiners. The Veteran is not entitled to service connection for these conditions as there is no evidence that they are related to his military service.

The Board denied service connection for peripheral neuropathy, as the evidence does not show it was diagnosed during active service or within a year of separation from active service. The weight of the evidence is against a finding that the Veteran's peripheral neuropathy was due to his presumed herbicide agent exposure.,The Board also denied increased ratings for left knee subluxation and pain, as there is no objective medical evidence showing continuous foot symptomatology or early-onset peripheral neuropathy.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no evidence of a current disability related to service and concluding that the Veteran's current right knee strain is not related to his military service.

The Veteran's claims for increased ratings were denied. The Board found that the current disability ratings of 40 percent for residuals of a right femur fracture with right knee and hip disability, and noncompensable for residuals of a fracture, right tibial plateau, are appropriate.

The Veteran's left knee DJD is currently rated at 20 percent for limitation of flexion. The Board denied a higher rating, finding that the evidence does not support an increase in disability beyond what is already compensated.

The Board has granted service connection for the Veteran's right knee disability as secondary to his service-connected left knee and back disabilities.

The Board has remanded the Veteran's claims for respiratory, skin, right knee, and left knee disabilities due to service. The claims are being returned for further development.