Knee decisions — 2021

The Veteran's left knee disability was denied for ratings in excess of the current assigned ratings before and after December 3, 2019.

The Veteran's claims for increased rating and service connection were denied. The right knee condition was rated at 10 percent, the lumbar spine degenerative arthritis claim was not granted due to lack of nexus, and the left sciatic nerve condition claim was also not granted as it is secondary to a non-service-connected disability.

The Veteran was granted a TDIU for the period from September 1, 2011 to November 14, 2011. The claim of entitlement to TDIU for the period from November 15, 2011 to December 31, 2012 is moot due to the Veteran's 100% schedular rating and SMC under 38 U.S.C. § 1114(s). The claim of TDIU prior to September 1, 2011 was denied.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's right knee disability was aggravated by his service. The examiner is asked to provide a clear and unmistakable evidence opinion on this matter.

The Veteran's post-total knee replacement right knee disability is granted a 60 percent rating effective August 3, 2012. The claim for an increase in the 30 percent rating prior to that date was denied.,The Veteran’s hypertension is rated at 10 percent and no higher. An extraschedular TDIU rating prior to August 3, 2012 is remanded.,Bilateral hearing loss is rated at 0 percent and a TDIU rating from the effective date of August 3, 2012 is granted.

The Veteran's appeal is remanded for further development regarding his right knee disability ratings. For the left knee, the Board finds that a higher rating is not warranted as there was no evidence of ankylosis or instability.

The Veteran's claim for a higher rating for his service-connected lumbar spine condition was denied. A separate ratings were granted for right and left lower extremity radiculopathy, with the latter being restored to 20 percent effective December 6, 2019.

The Veteran's initial and higher evaluations for service-connected unspecified depressive disorder are granted, but the claims for other conditions remain pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities as of September 27, 2016. The Veteran’s service-connected conditions did not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for left knee, right knee, left hip, and right hip disabilities due to a lack of evidence linking these conditions to the Veteran's active service.,Service connection requires a current disability that is related to an in-service injury or disease. The Board found no such link for any of the claimed disabilities.

The Board has remanded the Veteran's claim for an initial disability rating in excess of 10 percent for degenerative changes of the right knee due to inadequate examination results. The case is being returned for further development.

The Board denied the Veteran's claims of service connection for left and right shoulder disabilities, as well as left and right knee disabilities. The evidence did not show that these conditions were incurred or aggravated by military service.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to May 4, 2008.

The appeal of the claim for service connection for a right foot disability is dismissed. The claims for bilateral hearing loss, tinnitus, PFB, left foot disability, hypertension, headache disability, and right knee and left knee disabilities are remanded.

The Board has granted service connection for right and left knee strains, finding that the Veteran's current conditions are related to his active military service.

The Veteran's lumbar strain has been granted a 20 percent evaluation, effective February 21, 2017. The Board also remanded several service connection claims for further review.

The Veteran's appeals for increased ratings and service connection were addressed. The left knee degenerative arthritis was granted a 10% rating, the right knee patellofemoral pain syndrome prior to September 18, 2019 was granted a 20% rating, and the right knee instability prior to September 25, 2020 was granted a 10% rating. The Veteran's appeals for increased ratings beyond these dates were denied.

The Board has remanded the claims for bilateral knee disabilities and basal cell carcinoma due to procedural issues.

The Board granted a separate 30 percent rating for instability of the right knee prior to July 12, 2013 and a 60 percent rating for status post total right knee replacement from September 1, 2014. The Veteran's arthritis and strain with limitation of motion were not rated higher than 10 percent prior to July 12, 2013.

The Veteran's right knee disability, including his anterior cruciate ligament tear and residual scars from surgery, is currently rated at 20 percent effective May 28, 2015. A separate rating of 10 percent for limited motion has been granted since May 28, 2014.,A compensable rating for right knee surgical scars was denied.