Knee decisions — 2021

The Board has remanded the claims for service connection for left knee, left hip, and right hip conditions due to inadequate VA examinations. The Veteran's assertions about his in-service injuries and post-service symptoms will be considered.

The Veteran's right knee disability is rated at 10 percent under Diagnostic Code 5260 for limitation of flexion and a separate 10 percent rating is granted for instability. The Veteran’s right knee extension does not meet the criteria for a compensable rating.

The Board has denied the Veteran's claims for service connection for right and left knee osteoarthritis, finding that there is no evidence linking these conditions to his military service.

The Veteran's claim for service connection for a respiratory disorder, including left upper lobe granulomatous infection with pulmonary nodule, was reopened and granted effective June 20, 2013. An effective date of June 20, 2013, but no earlier, is assigned for the award of service connection. The Veteran's claim for TDIU prior to April 15, 2008 remains denied.

The Board has received a withdrawal request from the appellant, and thus the appeals for left hip disability and left knee disability are dismissed.

The Veteran's claims for increased ratings for her thoracolumbar spine and bilateral knee disabilities were denied. The Board found that the evidence did not support a higher rating from February 17, 2011 to May 20, 2013 for the thoracolumbar spine disability or from May 20, 2013 onwards. For her bilateral knee disabilities, she was already receiving a 10 percent evaluation based on limited range of motion and pain.

The Board has remanded the Veteran's claims for an initial disability rating higher than 10 percent for his service-connected right knee patellofemoral syndrome with painful motion during flexion and instability due to a lack of compliance with Correia v. McDonald (28 Vet. App. 158).

The Veteran's septic arthritis of the left knee was not caused by VA's carelessness, negligence, lack of proper skill, error in judgment or some other instance of fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C. § 1151 is denied.

The Board denied service connection for right and left knee disabilities, finding that the current disabilities are not related to service due to a lack of continuity of symptoms from service.

The Veteran meets the schedular criteria for a TDIU, and his service-connected right knee condition and back condition have rendered him unable to secure or follow a substantially gainful employment.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The Veteran's dry eyes, vision impairment, left knee condition, left ankle condition, right ankle condition, and hemorrhoids have been dismissed from the appeal.

The Veteran's claims for increased ratings for his right and left knee disabilities have been denied. The right knee is rated at 10% for flexion limitation, but no extension rating has been granted. A separate 10% rating was granted for instability in the right knee effective January 27, 2015. For the left knee, a 10% rating remains denied prior to April 20, 2015, and a higher rating is also denied post-total knee replacement.

The Veteran's appeal has been dismissed due to their death. The issues on appeal were about increased ratings for various knee and spine conditions, as well as TDIU.

The Board denied an increased disability rating for the right knee sprain prior to February 4, 2020 and a separate compensable disability rating for residuals of TBI from that date.

The Board has remanded the Veteran's claims for annual clothing allowances for knee braces due to a recent grant of service connection for bilateral knee disabilities, effective November 20, 2016. The AOJ must upload all relevant documentation and readjudicate the claims in light of this new information.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities prevented her from securing or following gainful employment for the period from August 14, 2007 to October 18, 2016. From October 18, 2016 to January 25, 2017, she had a combined disability rating of 100 percent and none of her disabilities alone rendered her unemployable.

The Veteran's claims for increased ratings for shell fragment wounds of the left leg, thigh, and lung have been denied. The VA has determined that a disability rating greater than 20 percent is not warranted for any of these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, ACDUTRA and INACDUTRA. The Veteran is also required to undergo an updated examination for his chondromalacia, left knee with patellar tendonitis.

The Veteran's claim for an automobile allowance with adaptive equipment was denied because the vehicle purchased in 1970, which he received as a service connection benefit, has not been destroyed by a natural or other disaster.