Knee decisions — 2021

The Veteran's right knee disability alone does not prevent him from obtaining and maintaining substantially gainful employment, as other factors such as diabetes, hypertension, and poor eyesight also contribute to his inability to work.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this appeal as a result.

The Board denied compensation under 38 U.S.C. § 1151 for a diverticular bleed and a left knee disability, finding that the conditions were not caused or aggravated by VA care.

The Veteran's right knee disability is rated at 10% from December 20, 2012 to November 13, 2013. From November 14, 2013, a separate rating of 20% for 'locking' pain is granted.

The Board has remanded the case due to the Veteran's failure to attend a scheduled VA examination. The examiner is required to assess the current severity of his service-connected right knee disability and whether there is an additional right knee disability, including a meniscal tear.

The Board denied service connection for a right knee disorder and a left knee disorder, finding that the preponderance of evidence did not support these claims.

The Board has remanded the case due to insufficient reasoning in its previous decision regarding whether the Veteran's right knee disability existed prior to service and if it was aggravated by his military service. The Veteran will need a medical opinion on these issues.

The Veteran's claim for an earlier effective date for service connection of PTSD is granted. The claims for service connection for a temporal lobe disability, left inguinal pain (hernia), chronic fatigue syndrome, low back disability, right knee disability, neck disability, and sleep apnea are all denied.

The Board has remanded the cases of cervical spine and bilateral knee disabilities for further development to address whether these conditions are related to service.

The Board has decided to remand four issues related to the Veteran's service-connected conditions, including his depressive disorder and knee disabilities. The remand is due to incomplete records and a need for further examination.

The Board has remanded the claims of service connection for right shoulder, cervical spine, left knee, and left hip disabilities due to inadequate statements of reasons and bases in a previous decision. The issues are being remanded for further development including VA examinations.

The Board has granted service connection for left hip disability, right hip disability, left knee disability, and right knee disability.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status was denied as he did not meet the criteria under 38 U.S.C. § 1114(s).

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Board has remanded the claims for service connection for left hip, left knee, and right knee disabilities due to unclear etiology and potential aggravation.

The Board has remanded the issues of entitlement to a disability rating in excess of 10 percent for right knee traumatic arthritis with limitation of motion due to arthritis, service connection for a right eye disability, and entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case due to inadequate examination regarding the Veteran's knee disabilities, specifically the significance of a positive McMurray’s test in January 2008.

The Board has remanded the Veteran's claims for service connection for right knee pain, left knee muscle pain, residuals of a shrapnel wound to right knee, and residuals of a shrapnel wound to left knee due to incomplete development of records and need for an addendum opinion.

The Board has remanded the claim of service connection for a left knee disability due to additional development being required, including obtaining an addendum opinion from Dr. Foote.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, particularly for his lumbar spine disability. The claims are being remanded to obtain relevant treatment records and to schedule a VA examination.