Knee decisions — 2021

The Board has determined that the VA examinations provided in connection with these claims were inadequate for adjudication purposes as they did not provide a complete rationale for their opinions, did not consider the Veteran's lay statements and heavily relied on the absence of contemporaneous medical evidence to support negative nexus opinions.,Therefore, the Board finds that remand is necessary so that the RO can obtain new medical opinions addressing whether the Veteran’s disabilities are directly related to his service or otherwise proximately due to or aggravated by his service-connected disability.

The Veteran's claims of service connection for lumbar strain and right knee disabilities have been reopened.,Service connection has been granted for the Veteran's lumbar strain disability and right knee disability.

The Veteran's right knee instability associated with DJD is rated at 20 percent, effective from January 4, 2017 to July 11, 2020. A 30 percent rating has been granted for the same condition as of July 12, 2020. The Veteran's right knee limitation of extension is rated at 30 percent.

The Veteran's appeal for increased ratings was denied. The left hip and knee disabilities were not found to warrant higher disability ratings based on the evidence provided.

The Veteran's appeals for increased disability ratings for left knee degenerative arthritis and right knee strain have been dismissed due to the withdrawal of his appeal by his representative.

The Board has decided the issues of increased rating for postoperative right knee scars and denied effective dates prior to July 1, 2015, for service connection for a psychiatric disability and Dependency Educational Assistance (DEA). The left knee disability issue is remanded.

The Board has remanded the claims for bilateral knee disability, hypertension, and PTSD due to a significant gap in treatment records between the Veteran's discharge from service and his death. The RO is instructed to make efforts to obtain missing medical records from Mississippi Department of Corrections (MDOC) and other sources.

The Veteran's service-connected left and right knee degenerative arthritis are currently rated at 10 percent each, but the Board has determined that these ratings are not warranted based on the evidence of record.

The Board denied service connection for tinea cruris and left knee disability, finding that the evidence did not support a link to service or an undiagnosed illness.,Both conditions were deemed to have no direct relation to service.

The Veteran's service connection claim for arthritis of the knees and legs has been denied as there is no evidence that his current condition began during or was caused by service.,The Veteran's service connection claim for tendonitis of the knees has been denied as there is no evidence that his current condition began during or was caused by service.

The Veteran's claim for a higher rating for bilateral pes planus is denied as the current rating of 50 percent already reflects the severity of his disability.,Service connection for left Achilles tendonitis is dismissed due to lack of evidence supporting its service origin.,New and material evidence has been submitted to reopen claims for service connection for left knee disability and erectile dysfunction, but these conditions are not currently found to be related to service.,Tinnitus was denied as there is no evidence linking it to service.,Loss of teeth secondary to periodontal disease is not eligible for compensation under VA regulations.,Erectile dysfunction was also denied due to lack of evidence showing its onset during or within a presumptive period following service.

The Veteran's bilateral hearing loss is rated as noncompensable (zero percent) due to the severity of his symptoms not meeting criteria for a higher rating.,The Veteran’s lumbar spine strain is currently rated at 10 percent, and no higher. The updated VA examinations did not show any additional impairment warranting a higher rating.,Left knee limitation of flexion is rated as noncompensable (zero percent).,Right knee limitation of flexion is rated as noncompensable (zero percent).,Left knee limitation of extension is rated at 10 percent.

The Board has determined that further examination and evaluation are needed to determine the nature of the Veteran's hypertension, eye disabilities, sinus disability, knee disabilities, hip disability, and whether he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has granted service connection for a right knee disability and remanded the issue of secondary service connection for a left knee disability due to the right knee disability.

The Board has remanded the cases for obtaining private medical records and for providing a new VA opinion regarding the Veteran's bilateral hearing loss disability. The service connection claims for left knee, right knee, bilateral pes planus, and bilateral hearing loss are still pending.

The Veteran's claim to reopen the previously denied claim for service connection for a left knee disorder is granted. The claims of service connection for non-Hodgkins lymphoma (NHL), diabetes mellitus, bilateral peripheral neuropathy, joint and muscle pain, cardiovascular disorder, fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are remanded.,The Veteran's claim for service connection for non-Hodgkins lymphoma (NHL) is remanded. The claims of service connection for diabetes mellitus, bilateral peripheral neuropathy, joint and muscle pain, cardiovascular disorder, fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for diabetes mellitus is remanded. The claims of service connection for bilateral peripheral neuropathy, joint and muscle pain, cardiovascular disorder, fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for bilateral peripheral neuropathy is remanded. The claims of service connection for joint and muscle pain, cardiovascular disorder, fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for joint and muscle pain is remanded. The claims of service connection for cardiovascular disorder, fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for cardiovascular disorder is remanded. The claims of service connection for fatigue and sleep disturbances, multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for fatigue and sleep disturbances is remanded. The claims of service connection for multiple cerebral micro-hemorrhages, neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for multiple cerebral micro-hemorrhages is remanded. The claims of service connection for neuropsychological disorder, bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for a neuropsychological disorder is remanded. The claims of service connection for bilateral cataracts, and sleep apnea are also remanded.,The Veteran's claim for service connection for bilateral cataracts is remanded. The claim of service connection for sleep apnea is also remanded.,The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran's right knee disability is rated at 10 percent, effective August 2, 2016. The Board found that the evidence did not show limitation of flexion to 30 degrees or any other compensable level for extension.

The Veteran's left total knee replacement is currently rated at 60 percent, which is the maximum schedular rating available under Diagnostic Code (DC) 5055. No higher rating is warranted.

The Board has remanded the Veteran's TDIU claim for additional development due to a lack of combined effects and impairment assessment. The case will be returned to the Board after this is completed.

The Board has remanded the Veteran's claims for initial evaluations in excess of 10 percent for his bilateral knee disabilities due to deficiencies with VA examinations and duty assistance.