Knee decisions — 2021

The Board has decided to remand the case due to insufficient examination and needs a supplemental opinion regarding whether the left knee disability is caused directly by service or proximately caused by the service-connected right knee disability.

The Veteran's claim for additional left knee disability due to the August 2010 total left knee replacement is denied as she does not have an additional disability other than her already service-connected left knee condition and surgical scars associated with that condition.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the evidence is at least in equipoise as to whether the Veteran's PTSD is related to an in-service personal assault, including military sexual trauma (MST). The Veteran's bilateral knee disability is remanded due to inadequate medical opinion regarding its relationship to her service-connected lumbar spine disability.

The Board has determined that the Veteran's left knee disability, including osteoarthritis and a sprain, is at least as likely as not related to her in-service injury. As such, service connection for this condition is granted.

The Board has determined that the Veteran's November 14, 2019 Notice of Disagreement was timely filed and reinstated. The appeal is granted.

The Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, left knee strain with traumatic arthritis, and right knee strain with traumatic arthritis were denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss or establish service connection for any of the other conditions.

The Veteran's claims for increased rating of right knee disability, service connection for headache disorder, hypertension, and chronic kidney disease are remanded due to insufficient evidence. The Board requests that VA medical professionals provide updated opinions on the etiology of these conditions.

The Veteran's bilateral flat feet disability was noted on entry and is at least evenly balanced as to whether the disability increased in severity during active-duty service.,The Veteran's right knee condition, which included a pre-existing surgical removal of cartilage from his right knee prior to enlistment, was not noted on entry. The evidence shows that the Veteran experienced symptoms such as pain and instability during service.

The Board has remanded the service connection claims for right and left knee limitations of flexion with degenerative arthritis due to an inadequate VA examination based on an inaccurate factual background.

The Board has decided to remand two issues: the Veteran's claim for a higher rating for bilateral hearing loss and his claim for a higher rating for degenerative joint disease of the right knee. The decision is based on incomplete records, particularly regarding the specific tonal thresholds for the Veteran's hearing loss and the range of motion testing for his knee.

The Board has granted the Veteran's claim for a total disability rating due to unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA), effective August 3, 2020. Attorney fees are now awarded based on past-due benefits.

The Veteran's left knee disability is rated at 10 percent, which does not meet the criteria for a higher rating. The VA examiner found that the range of motion was within normal limits and did not result in functional loss.,Pseudofolliculitis barbae (PFB) affects less than 5% of his total body area and exposed areas, requiring no topical corticosteroids or other immunosuppressive drugs. The Veteran's PFB does not meet the criteria for a compensable rating.

The Veteran's service-connected disabilities, including bilateral knee replacements and lumbar spine degenerative disc disease with degenerative arthritis, have rendered him unable to secure or maintain substantially gainful employment. The Board finds that the evidence is at least in equipoise that his service-connected conditions prevent him from obtaining and maintaining such employment.

The Board has remanded the case due to a duty to assist error regarding the psychiatric conditions. The Veteran's service connection claims for left knee degenerative arthritis and an acquired psychiatric disorder are also being reviewed.

The Board has determined that the Veteran's psoriatic arthritis is related to his service-connected psoriasis and grants service connection for all claimed conditions on a secondary basis.

The Board has decided to remand the case due to conflicting medical opinions regarding a left knee disability. A new VA examination is needed to determine if the Veteran's current left knee condition is related to his active service.

The Veteran's appeals for increased ratings for his left knee strain and right knee strain and patellofemoral malalignment have been dismissed due to the Veteran requesting a withdrawal of his appeal.

The Board has remanded the case for further action due to a TDIU claim, as the Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU. The VA will need to consider whether his disabilities preclude him from obtaining or maintaining any gainful employment.

The Veteran's service-connected disabilities, including cervical spine degenerative joint disease, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder degenerative joint disease, right knee patellofemoral syndrome, left knee patellofemoral syndrome, right ankle sprain, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined service-connected disability rating of 80 percent.

The Veteran's claims for service connection related to left ankle, right knee, and left knee disabilities are being remanded due to the need for further development of his dates of active service.,An effective date earlier than July 1, 2015 is not warranted as the increase in PTSD symptoms was factually ascertainable within one year from the submission of the Veteran's intent to file a claim.