Knee decisions — 2021

The Veteran's claims for higher ratings for total right and left knee replacements have been denied as the evidence does not support a rating higher than 60 percent.

The Veteran's claim for service connection for hypertensive heart disease has been denied as there is no evidence of a current disability and the preponderance of the evidence does not support a finding that it was incurred in or aggravated by active service.,Service connection for left knee and right knee disabilities have also been denied. The VA examiner found no evidence of continuity or chronicity of any bilateral knee condition, and there is no indication that the Veteran is competent to etiologically link his symptoms to service.

The Board has remanded the Veteran's claims for increased disability ratings due to incomplete evidence and requests that additional development be conducted.

The Veteran's claims for service connection for psoriatic arthritis, degenerative joint disease of the thoracolumbar spine, left shoulder, and left knee were denied as there is no evidence linking these conditions to his military service or a service-connected disability.

The Board has remanded the Veteran's claims for gastrointestinal disability, right knee disability, left knee disability, and lumbar spine disability due to conflicting medical opinions. The Veteran's GERD claim is denied as he does not have a current diagnosis of GERD.

Service connection for a left knee condition is granted.,Service connection for a lumbar spine condition, as secondary to the left knee condition, is granted.,Service connection for bilateral lower extremity radiculopathy, as secondary to the lumbar spine condition, is granted.,A rating of 30 percent disabling, but no greater, for a left shoulder disability beginning January 10, 2020 is granted.

The Board has remanded the cases for a VA examination to determine the etiology of the Veteran's claimed low back, right knee, and left knee disabilities. The examiner is asked to provide an opinion on whether these conditions are at least as likely as not related to service.

The Veteran's tinnitus has been assigned a 10 percent rating, which is the maximum schedular rating authorized under the applicable criteria. The Board finds that an increased evaluation for tinnitus in excess of 10 percent is not warranted. For the remaining issues on appeal, the Veteran's right hip and knee conditions are remanded for additional development.

The Board has remanded several claims for additional development, including obtaining private treatment records and issuing a supplemental statement of the case (SSOC). The issues include ratings for various disabilities related to TBI, cervical spine, thoracolumbar spine, right shoulder, right knee, left carpal tunnel syndrome, right carpal tunnel syndrome, left thumb sprain, right thumb disability, left hip disability, right hip disability, eye disability, ulnar nerve paresthesias, ankle and wrist disabilities, nausea, constipation, and other conditions.

The Board has determined that the VA examinations conducted in January 2011, July 2012, April 2016, December 2020, and June 2021 are not wholly adequate for rating purposes to evaluate the Veteran's knee claims. Therefore, another remand is warranted.

The Veteran's service-connected disabilities, including a right knee total knee replacement and hearing loss, did not prevent him from securing or following substantially gainful employment prior to August 3, 2012.

The Board has determined that the reduction in disability rating from 20% to 10% for lumbar disc disease with strain was not proper, and the issues of effective dates for knee disabilities are remanded.

The Board has granted service connection for right knee patellofemoral pain syndrome and tendonitis, as well as left knee chondromalacia and tendonitis, finding that these conditions are at least as likely as not related to the Veteran's military service.

The Veteran's hearing loss and malaria claims are remanded due to the need for additional examinations.,The Veteran's back disability, hand disability, hip disability, knee disability, numbness, tingling and weakness throughout body, and sinus disability claims are remanded due to the need for additional examinations.,,,,,,

The Board has decided to remand the case due to concerns about the competency of a VA examiner who provided an opinion on the etiology of the Veteran's left knee disorder. The case is being returned for further action, including obtaining the examiner's curriculum vitae and any updated VA treatment records.

The Veteran's headache disability, left knee disability (including PTSD as secondary), and PTSD are all granted. The Veteran is awarded a TDIU effective March 3, 2020, for his service-connected disabilities combined to exceed 60%. A separate rating of 100% for PTSD is granted beginning on March 3, 2020. Effective March 3, 2020, the Veteran also receives SMC under 38 U.S.C. § 1114(s).

The Board has granted service connection for the Veteran's left knee disability, finding that it manifested during service.

The Board has granted service connection for the Veteran's right knee, left ankle, right ankle, and left knee disabilities based on a finding of in-service injury and continuity of symptomatology.

The Board has decided to remand the case due to the need for additional assistance in obtaining private treatment records from Dr. K.

The Board has remanded several issues related to the Veteran's service connection claims, including those for a left hip and right knee disorders, as well as an acquired psychiatric disorder. The remand requires additional examinations and opinions to address whether these conditions are caused or aggravated by his service-connected disabilities.