Knee decisions — 2021

The Board has remanded the appeal for development consistent with Joint Motions, including considering a mild valgus deformity of the left knee found in April 2012 and determining if it supports separate disability ratings. The Veteran is also being asked to undergo another VA examination to assess the current severity of his left knee disabilities.

The Board has remanded the claims for increased ratings due to lack of substantial compliance with its November 2018 remand directives and because there is a need for updated treatment records, as well as VA examinations to assess the current state of the Veteran's service-connected lumbar spine disability, bilateral hip disabilities, and right knee disability.

The Veteran's total disability due to individual unemployability is granted, and his gastrointestinal disorder (including GERD and gastritis) is rated at 30 percent. The latter condition meets the criteria for a 30 percent rating under DC 7346.

The Board has remanded the claims for service connection for various conditions, including sleep apnea and mouth lesion. The right knee and left knee disabilities are denied as there is insufficient evidence to establish a nexus with service. The Veteran's sleep apnea claim is also remanded due to inadequate medical opinion regarding its relationship to PTSD or TBI. The Veteran's mouth lesion claim is remanded for consideration of the 2004 service treatment record. The right hand middle finger, ring finger, and pinky finger disabilities are also remanded.

The Veteran's right shoulder disability is not rated higher than 20 percent due to limitation of motion.,The Veteran's right ankle disability does not meet the criteria for a rating higher than 10 percent.

The Veteran withdrew her appeals for reopening the claims of left hip bursitis, right hip bursitis, right knee pain, and a right shoulder condition. As a result, these issues are dismissed.

The Board has remanded the Veteran's claims for left knee and left thigh conditions due to incomplete medical records and need for further examination.

The Board denied increased ratings for bilateral knee disabilities, finding that the evidence did not support a higher rating prior to March 23, 2020 or since March 23, 2020.

The Veteran's right knee disability is rated at 40 percent since April 25, 2018. A separate 20 percent rating for limitation of flexion has been granted effective December 8, 2020.

The Veteran's left knee osteoarthritis is found to have started during service, and the Board grants service connection for this condition.

The Board has granted service connection for a back disability and a left knee disability, finding that the evidence reasonably shows these conditions are related to military service.

The Veteran's travel expenses to El Paso, Texas for mental health treatment were denied as he did not meet the income level requirements and there was no VA authorization of beneficiary travel payment prior to his treatment. The Board found that reimbursement was not warranted due to lack of prior authorization.

An increased rating of 60 percent for coronary artery disease is granted from December 6, 2011.,Service connection for a skin condition (fibromatous type changes and keloid) is granted. The Veteran's current disability includes bilateral cataracts and glaucoma secondary to diabetes mellitus.,PTSD claim dismissed due to withdrawal by the Veteran.,Bilateral hearing loss claim dismissed due to withdrawal by the Veteran.,Service connection for bilateral cataracts, bilateral glaucoma, kidney infection, bilateral shoulder pain, bilateral knee pain, bilateral ankle pain, obstructive sleep apnea, peripheral neuropathy of the upper extremities, and lower back pain is remanded. Service connection for sciatica is also remanded.,An increased rating for diabetes mellitus secondary to cataracts and glaucoma is remanded.,Service connection for kidney infection is remanded.,Service connection for bilateral shoulder pain is remanded.,Service connection for bilateral knee pain is remanded.,Service connection for bilateral ankle pain is remanded.,Service connection for obstructive sleep apnea is remanded.,Service connection for peripheral neuropathy of the upper extremities is remanded.,Service connection for peripheral neuropathy of the lower extremities is remanded.,Service connection for lower back pain is remanded.,Service connection for sciatica is remanded.

The Veteran's left hip arthrosis is not rated compensably, as the range of motion does not meet criteria for a compensable rating under DCs 5251-5253. However, he is already separately rated at 20 percent for residuals of left femur fracture.

The Board has decided to remand the Veteran's claims of service connection for left and right knee disabilities due to insufficient medical opinions regarding their etiology. The AOJ is instructed to obtain additional records, including private orthopedic and physical therapy records, and seek an addendum opinion from a VA examiner.

The Veteran's left knee disability, characterized by pain and limited flexion to no more than 80 degrees with flare-ups, was found not to warrant a rating in excess of the current 10 percent.

The Veteran's claims for increased ratings and service connection were denied. For left cervical adenopathy, the disability did not meet criteria for a compensable rating since August 18, 2014. For right knee disorder, there was no evidence of in-service injury or chronic condition that could be linked to current symptoms.

The Board has remanded the Veteran's claims for bilateral knee and right foot disabilities due to insufficient evidence regarding their etiology. The Veteran is asked to provide additional medical records, undergo a VA examination, and have his private treatment records reviewed.

The Veteran's initial claim for a higher rating for left knee instability was granted, with a 20 percent rating effective January 11, 2016. The appeal is denied for a rating in excess of 20 percent from February 7, 2021.

The Veteran's service connection for type II diabetes mellitus (DM), left below knee amputation associated with DM, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy was granted on a presumptive basis based on exposure to herbicide agents. The effective date of these benefits is July 2, 2013.,The Veteran's claims for earlier effective dates were denied as the liberalizing law that allowed for this type of service connection became effective June 19, 2015.