Knee decisions — 2021

Service connection is granted for left knee arthritis and obstructive sleep apnea as secondary to service-connected acquired psychiatric and musculoskeletal disabilities. Service connection remains denied for bilateral foot disability (pes planus).,The Veteran's left knee arthritis was diagnosed within one year of separation from active duty, meeting presumptive criteria. His obstructive sleep apnea is found to be related to his service-connected psychiatric and musculoskeletal conditions.

The Veteran's prostate cancer was denied service connection as it manifested more than one year after separation and is not shown to be causally related to an in-service injury or disease. The claims for psychiatric, heart, cervical spine, low back, bilateral shoulder, elbow, wrist, hip, knee, ankle, and foot disabilities are remanded due to the failure to obtain examinations and opinions concerning their etiology.

The Board dismissed the appeal because the Veteran withdrew it before a decision was made.

The Board has remanded the case due to a failure to provide a VA examination addressing the Veteran's right knee disability, which may be related to his service-connected left knee disability.

The Veteran's service-connected COPD and bilateral knee disabilities are found to be at least as likely as not a cause for why the Veteran required assistance with activities of daily living. The VA has made errors in obtaining relevant medical records, and thus remand is necessary to obtain these records and provide an addendum opinion.

The Board has determined that the Veteran's claims for left knee scarring, left knee disability, and right shoulder disability are remanded due to duty-to-assist errors. The VA is required to obtain an addendum opinion regarding the etiology of the Veteran's left knee disability and a VA examination for his claimed right shoulder disability.

The Board has remanded the Veteran's claims for cervical spine, low back, right knee, left knee, and hypertension disabilities due to incomplete development of records and need for additional examinations.

The Veteran's service-connected disabilities, including COPD, sinusitis/rhinitis, and cardiovascular conditions, prevented him from securing or following a substantially gainful occupation prior to December 30, 2008. The Board granted compensation under 38 U.S.C. § 1151 for left foot skin graft residuals and TDIU benefits effective March 16, 2005.

The Board has remanded the case due to an inadequate July 2020 VA medical opinion, which did not address whether the Veteran's service-connected disabilities aggravated his obesity. The examiner focused only on causation and did not consider aggravation.

The Board has remanded the claims for ratings in excess of 30 percent for right knee total arthroplasty, a rating in excess of 10 percent for degenerative joint disease (DJD) of the right knee, and a rating in excess of 10 percent for a left ankle disability.

The Board has remanded the Veteran's claims for hiatal hernia, bilateral carpal and cubital tunnel syndrome, and right knee disability due to inadequate opinions from VA examiners. The Veteran is seeking service connection for these conditions.

The Board has remanded the claims for service connection due to outstanding VA treatment records and requests for private medical records. The Veteran's representative acknowledged that there are no associated medical records in the file.

The Board has decided to remand the case due to lack of substantial compliance with prior remands and needs an addendum opinion regarding the right knee arthritis.

The Veteran's initial claim for higher ratings for his service-connected lumbosacral strain, migraine headaches, left knee patellofemoral pain syndrome, and radiculopathy of sciatic nerve was denied. The Veteran is currently rated at 20 percent for lumbosacral strain prior to January 27, 2020 and at 40 percent thereafter.,The Veteran's initial claim for a higher rating for his service-connected migraine headaches was granted with an initial 50 percent rating from January 3, 2013. The Veteran is currently rated at 50 percent for this condition.

The Veteran's right knee arthritis with painful motion in flexion is granted at a 10 percent rating, effective the entire appeal period.

The Veteran's claims for increased ratings for left knee disabilities were denied. The VA determined that the evidence did not meet the criteria for higher evaluations.

The Veteran's disabilities are rated at 100 percent combined, but the Board finds that he does not meet the threshold requirement for specially adapted housing or a special home adaptation grant due to his multiple service-connected conditions.

The Veteran's right knee disability, characterized as lateral instability and degenerative joint disease, is granted an initial 20 percent rating for the entire period on appeal.

The Board has remanded the case due to an inadequate nexus opinion regarding the Veteran's left knee disorder. The matter is now to be returned for further examination and consideration.

The Board has remanded the cases for further development to obtain post-service treatment records from four military health care facilities identified by the Veteran.