Knee decisions — 2022

The Veteran's appeal for service connection for right knee disorder, PTSD with depressive disorder and anxiety, and IBS has been dismissed due to withdrawal of the appeals. The case is REMANDED for further development regarding his TDIU claim.,A VA examination is needed to assess the current severity of the Veteran's PTSD and IBS.

The Veteran's claims for higher evaluations of various disabilities, including cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathies, and knee disabilities are being remanded due to the need for additional development.

The Board has decided to remand the case due to inconsistencies in the Veteran's statements and the need for a new VA opinion.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed bilateral knee condition, specifically his participation in additional jumps after airborne training.

The Board has granted service connection for a left knee disability, lower back disability, and left lower extremity radiculopathy as secondary to the Veteran's service-connected right knee disabilities.

The Veteran's TDIU claims for the periods from August 8, 2014 to October 3, 2016 and from October 3, 2016 are denied as her service-connected disabilities do not meet the criteria for a schedular or extraschedular TDIU rating. The Veteran's education and work history demonstrate that she is capable of engaging in non-physically demanding employment.

The Board has remanded the claims for service connection for right and left knee disorders, as well as obstructive sleep apnea due to insufficient evidence in the July 2022 VA etiology opinions.

The Veteran's appeal is remanded for further development regarding service connection for gastroesophageal reflux disease. The rating claims related to right knee instability and limitation of motion are denied, while the claim for residuals of right total knee arthroplasty remains pending.

The Board has decided to remand the case due to the need for additional development regarding the Veteran's right knee disability, including a VA examination and consideration of her service-connected left knee disability.

The Board has reopened the previously denied claims of entitlement to service connection for a left knee disability, lower back disability, and bilateral foot disability. However, these claims are still being remanded as additional evidence is needed to determine the precise nature and etiology of each disability.,The Board also reopened the previously denied claim of entitlement to service connection for an upper back disability. This claim is also being remanded as additional evidence is needed to determine the precise nature and etiology of this disability.

Service connection is granted for left and right lower extremity radiculopathy as secondary to service-connected degenerative arthritis of the lumbar spine.,Service connection is also granted for right knee instability as secondary to service-connected right knee degenerative joint disease.

The Veteran's appeal is remanded due to the need for additional examinations and readjudication of his claims.

The Board has remanded several issues related to the Veteran's service connection claims, including hypertension, knee conditions, hearing loss, mental health disorders, COPD and/or asthma, and sleep apnea. The remand requires obtaining additional medical records, verifying stressors, confirming exposure to asbestos, scheduling examinations for each condition, and determining the etiology of any diagnosed respiratory disorder and sleep disorder.

The Veteran's claims for separate compensable ratings for recurrent subluxation or lateral instability of the right and left knees prior to June 12, 2019 were denied.,Two separate 10 percent ratings under Diagnostic Code 5284 (moderate foot injuries) are granted for bilateral foot callouses.

The Veteran's service treatment records are unremarkable for complaints, diagnosis, or treatment referable to right knee, back, or thyroid conditions.,There is no credible evidence of a chronic right knee, back, or thyroid condition disability in service. The earliest post-service clinical evidence of these disabilities is nearly four decades after separation from service.

The Veteran's claim for service connection for COPD, mental health condition, right ankle disability, left knee disability, headaches, and sleep apnea is denied. Service connection is granted for hypertension due to herbicide agent exposure.

The Board denied service connection for right knee patellofemoral pain syndrome and low back pain as secondary to congenital bilateral pes planus with mild degenerative changes of the tibioarticular surfaces, finding no evidence linking these conditions to service or a service-connected disability.

The Veteran's claims for service connection of various conditions are being remanded due to the submission of new and relevant evidence. The Board finds that further etiology opinions are needed to determine the nature and etiology of these conditions.

The Veteran's claim for an effective date prior to November 20, 2015 for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) and Dependents' Educational Assistance (DEA) benefits was denied. The Board found that the Veteran did not meet the criteria for earlier TDIU or DEA effective dates as his employment ended prior to November 20, 2015.

The Board denied the claim for service connection of a left knee disorder, finding that the appellant's left knee arthritis was not present during his periods of active duty or manifest to a compensable degree within one year of discharge. The Board also found no evidence linking the condition to any incident in service.