Knee decisions — 2021

The Veteran's service-connected bilateral knee disabilities do not prevent him from securing and following substantially gainful employment, as his unemployability is primarily due to other factors such as a felony conviction and non-service-connected conditions.

The Board has remanded the case for further development, including a new VA examination to assess the severity of the service-connected left knee disability and provide a retrospective opinion on its severity from March 31, 2016 to current. The issues of entitlement to an evaluation in excess of 10 percent prior to August 12, 2021, and in excess of 50 percent thereafter for the service-connected left knee disability, as well as entitlement to a TDIU prior to March 4, 2020 remain on appeal.

The Board has decided to remand the case due to errors in the previous decision regarding the right knee disorder and its relation to service.

The Board has found that more development is necessary and has remanded the cases for further review. The Veteran's claims of service connection for back disability, right knee disability, and increased evaluation for left knee disability are being returned to the agency of original jurisdiction (AOJ) for consideration.

The Board denied service connection for a left knee disability, finding that the Veteran's leg length discrepancy likely pre-existed his military service and was not aggravated by it.

The Veteran's right knee conditions have been rated based on limitation of motion and instability, with the most recent rating decisions denying higher ratings for his chondromalacia patella and instability.,The Veteran was denied a higher rating for his right knee conditions as they do not meet the criteria under the applicable diagnostic codes.

The Board granted increased ratings for the Veteran's right and left knee disabilities, effective from March 19, 2014. A TDIU was also granted.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Veteran's appeal for service connection for a low back disorder and effective dates prior to May 27, 2015 for right and left knee patellofemoral pain syndrome has been dismissed.,A 50 percent rating is granted for migraines since January 14, 2020.

The Veteran's appeal of service connection for disorders of the spine, bilateral hips, and bilateral knees is denied due to untimeliness.

The Board has decided to remand the Veteran's claims for further development due to the need to obtain additional records from his treatment at the Hampton VA Medical Center.

The Board has remanded the Veteran's claims for service connection due to a duty-to-assist error. The issues of right shoulder, left shoulder, right knee, and left knee disabilities are being addressed on the merits.

The Veteran's left knee osteoarthritis did not meet the criteria for a compensable disability rating, as there was no evidence of limited motion with findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. The noncompensable rating remains in effect.

The Board denied service connection for degenerative arthritis of the right knee with total knee replacement, finding that there was no chronic in-service injury or disease and no evidence of a relationship to service.

The Board has decided to remand the Veteran's claims for an evaluation in excess of 10 percent for a right knee disorder and service connection for right hip strain as secondary to her service-connected right knee disability due to inadequate examination reports.

The Board has granted service connection for right ear schwannoma, a back disability, and right knee arthritis. The Veteran's current conditions are found to be related to her military service.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities due to insufficient evidence, including lack of nexus opinions.

The Board has remanded the Veteran's claims for bilateral hammertoes, hypertension, muscle and joint disorders of various body parts, upper and lower gastrointestinal tract disorders, eye disorder, sleep apnea, surgical scars, and headache disorder due to incomplete service records and need for additional medical opinions.

The Board has remanded the case due to inconsistencies in the medical evidence regarding the Veteran's right knee condition and its relation to service. The Veteran is seeking service connection for his current right knee disability, which includes osteopenia and pain with buckling.

The Board has remanded the Veteran's claims for left knee disability, eczema, low back/tailbone disability, and headaches due to inadequate examination reports and failure to address pre-service conditions.