Knee decisions — 2021

The Board has remanded the cases due to insufficient recent medical evidence and the Veteran's testimony indicating worsening of his knee and shoulder disabilities.

The Board has remanded the Veteran's claims for increased rating of left knee disability and service connection for hypertension. The current rating for left knee disability is denied as it does not meet the criteria for a higher rating.

The Veteran was granted a Total Disability Rating Based on Individual Unemployability (TDIU) effective November 28, 2007. The Board found that the Veteran's service-connected disabilities rendered him unemployable beginning February 8, 2006.

The Board has denied the Veteran's claims for service connection for right and left knee disabilities, finding that there is no evidence of a nexus between his current conditions and his active duty service.

The Board has remanded the Veteran's claims for service connection for left and right knee conditions due to incomplete development of records, including VA medical records from Dr. DeHaan.

The Veteran's left and right ankle disabilities have been rated at the maximum schedular rating of 20 percent, which is the highest available under Diagnostic Code 5271. The Board finds that a higher rating is not warranted.,For his right knee disability, the Veteran has been granted ratings for limitation of extension (20%) and limitation of flexion (10%). These are the maximum schedular ratings available under Diagnostic Codes 5261 and 5260 respectively.

The Board has determined that the claims for increased ratings for knee disabilities must be remanded due to lack of substantial compliance with previous remand directives and need for additional development.

The Veteran's initial ratings for left and right leg disabilities are granted at 20 percent. A 40 percent rating is granted for the back disability from July 1, 2013.

The Veteran's left knee disability is granted with a combined rating of 40 percent, effective September 9, 2020.

The Veteran's claims for increased ratings for left knee degenerative joint disease and limitation of extension, as well as a compensable rating for left thumb avulsion fracture residuals and scar, have been denied. The case has been remanded due to the need for additional development regarding service connection for right knee disorder.,Service connection for a right knee disability is also being remanded.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his muscle tension headaches prior to November 15, 2010 and from that date onwards. His wrist sprain, ankle disability, thoracic outlet syndrome of the right shoulder and neck, and residuals of a right knee injury status-post lysis of plica were all denied increased ratings.

The Board has decided to remand the cases due to insufficient evidence and need for further medical opinions regarding the Veteran's cervical spine condition and left knee condition.

The Board has remanded the Veteran's claims for service connection for right knee and bilateral foot disabilities due to inadequate VA examination opinions.

The Veteran's claim for service connection for diabetes mellitus was denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for tinnitus is denied as the preponderance of evidence does not support a finding that it began during active duty or is related to noise exposure.,Service connection for a neck disorder is denied as there is no evidence linking the condition to service, and the Veteran's current diagnosis is attributed to natural aging process rather than in-service injury.,Service connection for hypertension is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for a right knee disorder is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for left knee disability is granted with a 20% rating effective from November 14, 2016.,Service connection for lumbar spine disability is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for radiculopathy of the left lower extremity is granted with a 10% rating effective from June 11, 2018.,Service connection for radiculopathy of the right lower extremity is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for somatic symptom disorder with predominant pain is granted with a rating in excess of 70% effective from November 14, 2016.

The Board denied the Veteran's claim for a total disability rating based on unemployability due to service-connected disabilities (TDIU) as his combined disability rating was not at least 70% and he did not meet the percentage requirements for consideration of a total evaluation under 38 C.F.R. § 4.16(a).

The Board denied a higher rating for the Veteran's right knee disability, finding that it did not meet the criteria for a schedular rating in excess of 10 percent.

The Board has remanded the claims for service connection due to new evidence submitted by the Veteran, and requests that an addendum opinion be provided regarding the baseline level of disability prior to aggravation.

The Veteran's claims for increased rating, service connection, and TDIU are being remanded due to the need for additional development of the medical evidence.

The Veteran's claims for increased evaluation and TDIU have been remanded due to the need for further examination of his right knee disability, as well as consideration of whether he is unemployable by reason of service-connected disabilities.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right knee disability had its onset during service or is otherwise related to service. The examiner must consider all pertinent medical and lay evidence of record, including the Veteran's assertions.