Knee decisions — 2021

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's preexisting right knee disorder was aggravated by his periods of active service in June-July 1964 and January-February 1967. The case will be returned for further examination and opinion.

The Board denied a rating in excess of 10 percent for right knee instability, finding that the Veteran's symptoms do not warrant such a higher rating based on slight instability.

The Board has denied the Veteran's claim for service connection for a right knee disability, finding that there is no evidence of an in-service injury or disease and no continuity of symptomatology. The Board also found that the current degenerative changes to the Veteran's right knee did not manifest within one year of separation from active duty.

The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, finding that the evidence did not show arthritis with involvement of two or more major joints, ankylosis, subluxation, lateral instability, or impairment of the tibia or fibula.

The Veteran's claim for increased ratings of his migraine headaches, chronic low back strain, and retropatellar pain syndrome, left knee with mild degenerative joint disease is remanded due to the need for further examinations.

The Board denied the Veteran's claims for service connection for a left knee disability and an initial rating in excess of 10 percent for his back disability. The evidence did not support a finding that the Veteran had current left knee or back disabilities, and the preponderance of the evidence was against both claims.

The Board has remanded the Veteran's claims for left knee degenerative joint disease and TDIU due to service-connected disabilities, including a request for an addendum opinion from the October 2019 VA examiner regarding weight-bearing range of motion testing.

The Board has remanded the Veteran's claims of service connection for PTSD, an acquired psychiatric disorder other than PTSD, a disability manifested by frequent urination, left leg shin splints, right leg shin splints, and right and/or left knee disabilities due to outstanding medical questions.

The Veteran's claim for a total rating based on unemployability due to service-connected disabilities is granted, with the exception of his right knee and back issues which are remanded. The Veteran also has higher ratings for his mechanical low back syndrome and limitation of flexion of the right knee.

The Board has found that the VA's reliance on a medical board evaluation and a VA medical opinion was in error, and remanded for further examination. The Veteran is presumed sound upon entry into service, but the presumption can be rebutted by clear and unmistakable evidence of preexistence and non-aggravation during service. A new VA examination is needed to determine if there is clear and unmistakable evidence that the left knee disability existed prior to service or was aggravated beyond its natural progression.

The Board denied service connection for a back disability, nerve condition of the bilateral lower extremities, bilateral knee disability, gouty arthritis, and diabetes mellitus type II (DM). The only issue not related to service connection was sickle cell trait.,Service connection was denied as there is no evidence linking these conditions to active service.

The Board has determined that a remand is necessary to obtain medical evidence regarding the severity of the Veteran's service-connected knee disabilities, specifically during flare-ups and in weight-bearing and non-weight-bearing positions. The issues remain in appellate status.

The Board denied service connection for various conditions, including OSA, Chiari I malformation with cervical syrinx, cervical DDD, bilateral knee disabilities, right elbow disability, right carpal tunnel syndrome, left wrist disability, and bilateral shoulder disabilities. The decision found that the Veteran's current diagnoses were not incurred in service or related to his service-connected bronchial asthma.

The Board has decided that there is not substantial compliance with previous remand directives and has ordered another remand for the Veteran's claim of service connection for left knee disability, including a nerve disability of the left lower extremity.

The Board has granted service connection for a laceration scar on the left lower leg below the knee and remanded the issue of service connection for a left knee disability.

Your appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to decide your claims now.

The Board has remanded the Veteran's claims for bilateral hip disability and left knee disability, as secondary to service-connected right knee disability due to lack of clear and unmistakable evidence regarding their onset in service or etiology.

The Veteran's claim for service connection for dyslipidemia is denied as it is not a disability under VA law and regulations.,The Veteran's claims for service connection for various disabilities, including bilateral hearing loss, tinnitus, cervical spine strain, low back pain, degenerative joint diseases of the shoulders, elbows, wrists, hips, knees, ankles, and feet, allergic rhinitis, peptic ulcer, diverticulosis, hiatal hernia, erectile dysfunction, benign prostate hyperplasia, memory disorder, generalized anxiety disorder, and major depression are remanded for further development.,The Veteran's claim for service connection for a total disability rating due to unemployability (TDIU) is also remanded as it is inextricably intertwined with the above-mentioned issues.

The Veteran's left foot disability, right knee strain, and degenerative joint disease of the back have been granted service connection. The Veteran's left knee strain has not met criteria for a higher rating. The Veteran's right knee strain has not met criteria for a higher rating. The Veteran's degenerative joint disease of the back prior to January 22, 2020 and in excess of 40 percent thereafter have been granted service connection.

The Board has dismissed the claim for service connection of a left knee disorder as it is moot due to the grant of benefits. The right knee disorder issue remains pending and will be remanded.