Knee decisions — 2021

The Board has remanded the issues of service connection for right ear hearing loss, right knee disability, nasal problems, sleep apnea, respiratory disability (to include asthma and COPD), right upper extremity ulnar neuropathy, left upper extremity ulnar neuropathy, PTSD, and social anxiety due to conflicting medical opinions and lack of clear and unmistakable aggravation.

The Veteran's right knee disability is rated at 30% from December 1, 2020 to the present. The Board found that a higher rating was not warranted for any period.

The Veteran's claim for a higher rating for left knee flexion is being remanded due to concerns about the competence of the examiner who provided the most recent medical opinions.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's service-connected conditions prior to July 21, 2016. The VA examiner is requested to provide an updated opinion on the severity of these conditions and their impact on employment.

The Veteran's claims for service connection for a right knee disorder and tinnitus have been granted. The case is remanded to obtain additional medical opinions regarding the right knee disorder.

The Veteran's initial compensable rating for a left knee scar is denied, and his rating in excess of 10 percent for left knee instability prior to July 7, 2020 is also denied.

The Board has remanded the case for a retrospective opinion on the Veteran's functional impairment due to service-connected disabilities prior to and around February 2012, and for referral of his request for TDIU under 38 C.F.R. § 4.16(b) to the Director of Compensation Service.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and providing an addendum opinion regarding the cause of death.

The Veteran's appeal has been dismissed as he withdrew his representation through his authorized representative.

The Veteran's claim for temporary total ratings under the provisions of 38 C.F.R. § 4.30 for a service-connected left knee disability based on convalescence following two surgical procedures in 2013 is denied because his surgeries did not meet the criteria for such ratings.

The Board has decided to remand the case for additional VA examinations and treatment records, as well as a review of existing medical evidence.

The Veteran's claims for left knee instability/subluxation, lumbar spine arthritis with intervertebral disc syndrome prior to March 15, 2017, and right lower extremity sciatic radiculopathy from April 4, 2015 to March 13, 2017 were denied. The Veteran's claim for a higher rating for right lower extremity sciatic radiculopathy since March 14, 2017 is also denied.

The Veteran's claims for service connection for left knee disorder, right knee disorder, and tinnitus disorder have been reopened. Service connection is granted for the left knee disorder.,Service connection is denied for the tinnitus disorder.

The Board has decided to remand the case due to an inadequate examination report, and a new VA examination is needed to determine the current severity of the service-connected left knee disability.

The Veteran withdrew his appeals for the lumbar spine, headaches, gastroesophageal reflux disease, right knee, and irritable bowel syndrome.

The Board denied increased ratings for a right knee disability, finding that the Veteran's range of motion and instability did not warrant higher evaluations.

The Veteran's initial ratings for patellofemoral pain syndrome of the right knee, lateral collateral ligament of the left ankle, and left middle finger mallet deformity are denied as they do not meet the criteria for a higher rating under applicable VA regulations.

The Board has decided to remand the claims for further development due to inadequate medical opinions and unverified stressors. The Veteran's right knee conditions, acquired psychiatric disorder, sleep apnea/sleep disorder, and acid reflux/hiatal hernia are all being reviewed again.

The Veteran's left knee condition, post-total arthroplasty, is rated at 60 percent from December 1, 2015 to May 21, 2017 and from July 1, 2018 onwards.

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.