Knee decisions — 2021

The Veteran's claims for service connection were previously denied, and new evidence did not raise a reasonable possibility of substantiating the claims. The claim for increased rating for left shoulder acromioclavicular separation residuals was also denied.

The Board has remanded the claims for additional development due to the Veteran's failure to report for VA examinations and provide requested medical records. The issues of service connection for a back disorder, including lower extremity symptoms, and increased rating for osteoarthritis of the left knee are being addressed.

The Veteran's right knee surgery required additional convalescence, and the Board granted an extension of a temporary total rating (TTR) for convalescent purposes from February 1, 2019 to May 1, 2019.

The Veteran's claims for service connection for chronic fatigue syndrome and muscle pain in the back and legs have been dismissed.,Service connection has been granted for sleep apnea, but an initial compensable rating for chronic bronchitis remains denied.

A 30 percent evaluation for a left knee disability prior to September 16, 2020, is granted.,An evaluation in excess of 30 percent for a left knee disability beginning September 16, 2020, is denied. The Veteran's hypertension claim is also remanded.

The Board has decided to remand the claims for bilateral ankle arthritis, bilateral hip arthritis, left knee degenerative arthritis, and right hand/fingers degenerative arthritis as secondary to service-connected inflammatory arthritis due to insufficient examination opinions. The Veteran is asked to provide authorization for VA to obtain private treatment records from Methodist Hospital in Jacksonville and Mayo Clinic in Jacksonville.

The Board has remanded the Veteran's TDIU claim due to issues with proper notice and development, including verifying his current address and obtaining necessary medical opinions.

The Board has dismissed the claim for service connection for right-forearm disorder and denied the other claims. The Court has vacated those decisions and remanded the claims to the Board for action consistent with a Joint Motion for Remand (JMR). The JMR states that the Board did not provide an adequate statement of reasons or bases for dismissing the forearm claim, and it also indicates errors in denying service connection for thoracolumbar spine, right knee, left and right-hand/thumb, and migraine headache disorders. The Veteran's failure to report for scheduled examinations without stating good cause is noted.

The Board has remanded the claims for increased ratings for right and left total knee replacements due to new evidence showing worsening of the Veteran's conditions.,The claim for TDIU is also remanded as there are no updated VA Form 21-8940s available.

The Board has granted service connection for right hip DJD and trochanteric bursitis, left knee DJD, and PTSD. The Veteran's current disabilities are related to injuries sustained during service.

The Veteran's right knee disability, including osteoarthritis and meniscal tear, does not meet the criteria for a higher rating under any applicable diagnostic codes. The Board also denied her claim for TDIU prior to September 29, 2017.

The Board found that the Veteran's left knee disability is not related to his service, as there was no evidence of chronicity of care and the VA examiner explained that the arthritis in his left knee developed due to other risk factors such as age or obesity. The preponderance of the evidence does not support a finding that the disability is related to service.

The Veteran's right knee disability is currently rated at 10 percent for iliotibial band syndrome with patellofemoral syndrome and a separate 10 percent rating for lateral instability since January 5, 2018. No higher ratings are granted.

The Board denied a rating in excess of 10 percent for osteoarthritis of the left knee, finding that the Veteran's range of motion did not warrant such a higher rating.

The Board has dismissed all the appeals as the Veteran passed away before a decision could be made.

The Veteran's service-connected disabilities, including right knee and ankle conditions, left shoulder arthritis, and left knee osteoarthritis, are found to likely preclude him from securing and following a substantially gainful occupation.

The Board has remanded the Veteran's claims due to inadequate VA examinations and a need for new evaluations that comply with Sharp v. Shulkin.

The Veteran's right knee arthritis is rated at 10 percent, and the left knee condition is also rated at 10 percent.,Both knees are currently rated based on limitation of extension.

The Veteran's claim for a TDIU prior to January 30, 2019 is denied as his service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability.

The Board has found that additional development is needed for the Veteran's claims of higher ratings for his cervical spine and knee disabilities, as VA examinations were not conducted as requested in a previous remand. The case is being returned to the RO for these purposes.