Knee decisions — 2021

The Veteran's migraine headaches are granted as service-connected due to aggravation by her service-connected autonomic dysfunction with hyperadrenergic POTS. The Ehlers-Danlos syndrome is also found to be aggravated by the service-connected POTS, but the Board finds that further development of the claims for bilateral knee disability, all-joint degenerative condition, muscle degenerative condition, fibromyalgia, and eating disorder are required.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has remanded the Veteran's claims for initial ratings in excess of 20, 10, and 10 percent for his thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, left knee patellar chondromalacia and degenerative joint disease, and right knee patellar chondromalacia and degenerative joint disease due to the need for new examinations.

The Veteran's right knee was granted a rating of 30 percent from December 11, 2013 to September 3, 2014 for limitation of motion. Since November 1, 2014, the Veteran's right knee has been rated as more than 10 percent due to symptoms including meniscal tear, 'locking,' effusion, and frequent falls.

The Board found that a separate rating for right knee instability prior to October 9, 2012 is not warranted based on the earliest medical evidence of worsening.

The Veteran's bilateral knee disabilities, including posttraumatic arthritis and instability, are currently rated as 10 percent for each knee. The Board denied increased ratings.

The Board has decided to remand the cases for further development and consideration due to new evidence submitted by the Veteran.

The Board has denied service connection for heart disease and remanded the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for degenerative disk disease of the lumbar spine, and entitlement to service connection for a nerve disability.

The Board has decided to remand the case due to inadequate examination and new evidence submitted by the Veteran. The claim for service connection for left knee arthritis is being returned for further development.

The Veteran's low back strain is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted.,Service connection for sleep apnea is granted on the basis that it was initially manifested during active service and aggravated by his service-connected PTSD. Headaches are also granted on this basis.

The Board has remanded the Veteran's claims for additional development due to inadequate examination opinions. The Veteran is entitled to service connection for his claimed disabilities, but further evidence and examination are needed.

The Board has remanded the issues of entitlement to service connection for bilateral hip, bilateral feet, and right knee disorders due to inadequate medical opinions.

The Board has decided to remand the Veteran's claim of service connection for bilateral knee arthritis due to insufficient evidence and incomplete medical records. The case will be sent back for a new VA opinion.

The Veteran's right knee osteoarthritis (limitation of extension) is now rated at 30 percent from April 9, 2021.,The Veteran's right knee instability is now rated at 20 percent effective April 9, 2021 and 10 percent prior to that date.,A separate 10 percent rating for a painful right knee scar associated with right knee osteoarthritis has been granted.

The Veteran's left knee chondromalacia and meniscal damage have been remanded for further evaluation.,Service connection for a left foot disability has also been remanded.

The Veteran's claim for a higher rating for her right knee scars disability is being remanded due to the need to consider additional evidence and reconsider whether the Veteran's scar disability is both unstable and painful, warranting an additional 10 percent rating under DC 7804, Note (2).

The Veteran's right knee instability is granted a 10 percent rating from September 23, 2010 to February 7, 2021. Ratings in excess of 10 percent for right knee instability are denied starting from February 7, 2021.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's left knee disability and potential aggravation by service-connected disabilities.

The Veteran's left knee disability, which included painful range of motion and instability, was rated at 10 percent before June 6, 2012. The Board found that the evidence did not support a higher rating based on limitation of motion or instability.

The Board has ordered a remand for the Veteran's claim of service connection for a left knee disability, which is secondary to his right knee disability. The VA examiner found that there was no clear evidence from medical literature suggesting an injury to one joint would have any significant impact on another or opposite uninjured joint. A new VA examination is required to determine if the Veteran's gait abnormalities caused by his service-connected right knee condition may have aggravated his left knee.