Knee decisions — 2021

The Board has determined that the cause of death is unclear and remands for further development to determine if service-connected conditions contributed to the Veteran's death.

The Board has granted service connection for lumbar spine degenerative disease and left knee degenerative arthritis, but the case is remanded for further development on other issues.,Additional search efforts are needed to obtain missing October 1987 to March 1988 ACDUTRA STRs. The Veteran should be notified of these efforts and given an opportunity to submit alternative evidence.

The Veteran's appeal for increased ratings for right knee disabilities is remanded due to the inadequacy of a previous VA examination. A new examination is needed to assess the current severity and manifestations of his right knee disability.

The Board has found that service connection is not warranted for a right hip disability. The issue of service connection for a right knee disability is remanded due to the need for further examination and opinion.

The Board denied service connection for a left knee disability and a left ankle disability, finding that the Veteran's current disabilities are not related to his active service.,There is no evidence of chronicity or continuity of symptoms after service, and the medical opinion concluded that the in-service injury was minor with no residual effects.

The Veteran's low back disorder is rated at 20 percent, and his bilateral knee replacements are each rated at 60 percent. The appeal for a higher rating for the low back disorder was denied, as it does not meet the criteria for a higher rating based on limitation of motion or ankylosis. The ratings for the bilateral knees remain unchanged.

The Board has remanded the Veteran's claim for a higher disability rating in excess of 10 percent for arthritis of the right knee due to inadequate reasons and bases provided by the February 2019 decision. The AOJ must obtain an addendum opinion from a VA examiner regarding the severity of the Veteran's service-connected right knee arthritis during flare-ups and repeated use over time.

The Board has denied the Veteran's claim for service connection for a left knee disorder, finding that there is no evidence of a chronic condition during or within one year after service and no medical opinion linking the current condition to service.

The Veteran's service-connected knee disabilities prevented him from securing and maintaining a substantially gainful occupation before February 25, 2011. From that date onward, he was able to maintain his income above the poverty threshold.

The Veteran's claims for service connection have been remanded due to the need for additional medical examination and evaluation.

The Veteran's left knee disability, characterized as degenerative joint disease (previously rated as noncompensable LOM on flexion), was denied a greater than 10 percent rating prior to April 22, 2021. The Veteran also had hypertension and GERD, both of which were denied compensable ratings.,From April 22, 2021, the Veteran's left knee disability was granted a noncompensable rating for LOM on flexion due to pain.

The Veteran's right knee disability, rated at 10 percent for chondromalacia patella with traumatic arthritis and limited motion, is denied as the criteria for a higher rating are not met. The issue of increased rating based on instability remains denied.

The Board has remanded the cases for obtaining VA treatment records from December 1989 to April 2011 and private post-service treatment records. The issues of earlier effective dates and a compensable rating are inextricably intertwined, so both must be addressed together.

The Veteran's claims for increased ratings in excess of 10 percent for his right knee and left knee conditions are remanded. The Veteran also has a finding of total disability based on individual unemployability due to service-connected disabilities (TDIU) and special monthly compensation (SMC) at the housebound rate is granted.

The Board has remanded the Veteran's claims for annual clothing allowances for right and left knee braces for the 2017 calendar year due to incomplete records. The AOJ must reconstruct the record and upload all relevant documentation, including decisions from the AOJ or evidence submitted by the Veteran.

The Board has determined that new and relevant evidence has been submitted for service connection of tinnitus and spondylosis of the lumbar spine, and these issues are being remanded for further review. Service connection is granted for left knee strain.

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for a 100% rating for total right knee replacement after December 31, 2021 is denied as the criteria are not met. The Veteran was previously awarded a 100% rating based on his total right knee replacement from November 3, 2020 until December 31, 2021.

The Veteran's service-connected disabilities, including lumbar spondylolisthesis, adjustment disorder, left knee strain, tinnitus, and right elbow trauma, are found to render him unable to secure or follow substantially gainful employment. The Board grants the TDIU claim.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.