Knee decisions — 2021

The Board has determined that the Veteran does not have a current disability related to his claimed left knee pain, right knee pain, left ankle condition, back problems, or neck condition. As such, service connection for these conditions is denied.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to new evidence submitted since the last final denial.,Service connection is granted for left and right knee disabilities, but further examination is needed to address the nature and etiology of his low spine disability.

The Veteran's right knee instability is rated at 30 percent prior to June 1, 2010 and post-surgery instability after that date. The rating for service-connected traumatic arthritis of the right knee with limitation of motion (extension and atrophy) remains at 30 percent.

The Veteran's petition to reopen a claim for service connection for a left knee condition is granted. The Board finds that the issue of service connection for a left knee condition, to include as secondary to right knee replacement, needs further clarification and remands it.

The Board has found that remand is required for the Veteran to be afforded a new VA examination due to inadequate range of motion testing in his previous examination. The TDIU claim will also be remanded as it was not submitted to the Director of Compensation Service for extra-schedular consideration.

The Board has granted service connection for bilateral knee disabilities, finding that the Veteran's current condition is related to his in-service parachute jumps during ACDUTRA.

The Board has remanded the claims for service connection for various knee, foot, and arm disabilities due to insufficient evidence regarding their etiology. The Veteran's lay statements about in-service injuries are considered, but the lack of documentation in service records is noted.

The Veteran's right knee total replacement resulted in chronic residuals consisting of severe painful motion or weakness, warranting a 60% disability rating effective April 1, 2021. The issue of entitlement to TDIU is also remanded.

The Board has remanded the Veteran's claims for service connection for a left elbow disorder and bilateral knee disorder due to insufficient opinions regarding their etiology.

The Board has ordered the VA to conduct a new examination of the Veteran's knee conditions and clarify the distinction between 'instability,' 'giving way' and 'weakness' in providing a reasoned medical explanation, consistent with Nieves-Rodriguez v. Peake.

The Board has found that the prior remand directives have not been substantially fulfilled and has ordered a new retrospective medical opinion to evaluate the Veteran's left knee condition between April 1, 2014, and April 27, 2016.

The Veteran's pneumonia is granted as service connected. The Board has remanded several other issues for further development and consideration.

Your appeal concerning the left knee disability has been dismissed as you have withdrawn your claim.

The Veteran's claims for higher ratings for his neck and left knee disabilities, as well as service connection for gastroesophageal reflux disease (GERD) and sleep apnea are being remanded due to outstanding records not having been obtained. The Veteran's VA treatment records suggest there may be relevant private treatment records that have not been associated with the claims file.

The Veteran's right knee disability, characterized as locked bucket handle medial meniscus tear, was evaluated at a 20 percent rating from January 1, 2009 to November 19, 2010. The claim for an increased rating was denied.

The Board has granted a 20 percent rating for left knee instability and denied any increase in the rating for degenerative arthritis of the left knee. The Veteran's condition is currently rated at 10 percent.

The Board has ordered a new examination to address the specific questions related to the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA treatment, including whether playing basketball during in-patient rehabilitation caused additional disability and if that was within the expected care of a reasonable health care provider.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has remanded the case for further development due to incomplete examination and referral of TDIU claim prior to January 29, 2021. The left femur/knee disability remains in dispute.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left knee disability is caused or aggravated by his service-connected left ankle disability. The Veteran will need a VA addendum opinion to address these issues.