Knee decisions — 2021

The Board has decided to remand the case due to an error in a previous decision regarding the relationship between the Veteran's right knee disability and his military service. A new VA examination is required to determine if there is any link between the Veteran's current right knee disability and his time in the Army.

The Board has granted a TDIU from May 3, 2002 through June 22, 2010 and again from June 23, 2010 through July 8, 2010 due to service-connected back and bilateral knee disabilities preventing the Veteran from maintaining substantially gainful employment.

The Veteran's claim for a disability rating in excess of 30 percent for left knee degenerative joint disease (DJD) and his TDIU prior to February 28, 2014 are both remanded due to the need for additional development.

The Veteran's claims of service connection for right hand or wrist, back, and right knee conditions are remanded due to insufficient information. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran's claims for increased ratings for his service-connected right knee osteoarthritis, instability, lumbosacral spine disability, and radiculopathy of the right lower extremity have been granted. The initial rating for right knee osteoarthritis is set at 20 percent effective February 1, 2012, with a higher initial 30 percent rating effective August 17, 2020.

The Board has granted service connection for the Veteran's right knee degenerative joint disease, finding that it is at least as likely as not aggravated by his service-connected left knee condition.

The Board has remanded the claims for service connection for left and right knee disabilities due to a lack of discussion regarding active duty service.

The Board has granted service connection for right knee osteoarthritis and degenerative joint disease, as well as left foot pain. The Veteran's disabilities are deemed to have resulted from in-service injuries.

The Veteran's service-connected disabilities do not render him unable to engage and maintain substantially gainful employment.

The Veteran's initial rating for headaches prior to August 4, 2021 was denied.,The Veteran's increased rating for headaches since August 4, 2021 was also denied.

The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's right knee disability and TDIU claims are being remanded for additional development, including obtaining an addendum from a VA examiner regarding the level of severity prior to July 8, 2019.

The Veteran's right knee disorder and obstructive sleep apnea are granted as secondary to service-connected lumbosacral strain and persistent depressive disorder, respectively.,However, the claims for migraines, bilateral plantar fasciitis, and shin splints remain pending and will be remanded for further review.

The Board denied service connection for right knee disability and denied entitlement to an earlier effective date for PTSD. The Veteran's claim for a higher rating for PTSD was granted, but only from September 1, 2016.

The Veteran's combined service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted TDIU effective April 29, 2020.

The Board has determined that the reduction in rating from 70 percent to 50 percent for anxiety with depressive disorder was improper and has restored the original 70 percent rating. The issue of service connection for a left knee disorder as secondary to service connected left foot pes planus and left ankle fracture residuals is remanded.

The Veteran's right knee/leg disability is found to be related to his service, and he is granted service connection for this condition.

The Board has remanded the claims for service connection of right shoulder, ankle, and knee disabilities due to insufficient examination in August 2013.

The Board has remanded the case for further development, including obtaining a new medical opinion to assess the severity of the Veteran's service-connected left lower extremity neuropathy. The issues of an increased rating for left knee arthritis and left lower extremity neuropathy are still pending, as is the TDIU claim.