Knee decisions — 2022

The Veteran's service-connected disabilities, including his back, knees, and neck conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted TDIU from November 5, 2015.

The Board has remanded the cases for further development due to the need for a VA examination to assess the ameliorative effects of anti-inflammatory medication on the Veteran's right knee flexion and extension.

The Board has granted service connection for a scar on the left knee, but denied service connection for a current left leg disability other than a scar. The case is remanded for further development regarding entitlement to a compensable rating for residuals of a right great toe fracture and TDIU.

The Board has remanded the issues of increased ratings for right and left knee disabilities, as well as service connection for a low back disorder and an acquired psychiatric disorder. The Veteran's bilateral knee conditions are rated under Diagnostic Code 5019 due to limitation of motion.

The Veteran's bladder disability (urinary incontinence) is not service-connected, as there is no evidence of a nexus between the current condition and service. The right knee, left knee, right hip, left hip, and lumbar spine disabilities are also not service-connected due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person to perform personal care functions of everyday living or to protect himself from hazards and dangerous incidents.

The Board has decided that the Veteran's claims of service connection for degenerative joint disease, cervical spine; degenerative joint disease, lumbar spine; right knee condition; and left knee condition are remanded due to missing records and a duty to assist error.

The Veteran's initial compensable disability rating for scars associated with left knee disability has been denied. The Veteran's claim for an increased initial disability rating for left knee degenerative arthritis is remanded due to a duty-to-assist error in the prior VA examination report.

The Veteran withdrew their appeals for the issues of entitlement to service connection for limitation of flexion, left knee (degenerative arthritis, left knee) and entitlement to service connection for a right leg condition (right knee surgery).

The Board has denied the Veteran's claim of service connection for a right knee disability, including osteoarthritis, patellofemoral pain syndrome, and chondromalacia patella, finding that his current right knee disabilities are not related to active service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's right knee condition existed prior to service and was aggravated by military service.

The Veteran's claim for an increased disability rating for right knee degenerative arthritis is remanded due to the need for a VA examination. An effective date prior to July 13, 2015 for the grant of service connection for right knee degenerative arthritis remains denied.

The Veteran's appeal was dismissed due to his death before the Board could hear his case. The claims for service connection and TDIU are moot as he died during the pendency of these appeals.

The Board has determined that additional development is needed for the Veteran's claims of service connection for lumbar spine, right knee, and left knee disorders due to noncompliance with previous remand directives. The claims are being returned to the AOJ for further action.

The Board has granted service connection for bilateral knee disabilities, bilateral pes planus, and hallux valgus. The Veteran's bilateral knee disorders began during active service, his bilateral pes planus worsened beyond its natural progression due to active service, and his hallux valgus began during active service.,Service connection is established for bilateral knee disabilities, bilateral pes planus, and hallux valgus.

The Veteran's right knee disability, characterized as sprain/strain with posttraumatic arthritis, has been rated at 10 percent since April 29, 2016. The Board finds that the current rating adequately reflects the severity of his condition based on limitation of motion and pain.

The Board has remanded the claims for increased ratings for patellofemoral syndrome of the right knee with dystrophic calcification of the inferior patella, right knee instability, and a right ankle disability due to inadequate VA examinations in denying the claims. The issues are now pending again before the Board.

The Board has remanded the claims for increased ratings for right and left knee disabilities due to incomplete development, including a lack of an explanation for why passive range of motion could not be tested. The AOJ must perform a thorough review of the evidence from service discharge to the present time, considering all applicable criteria, including whether separate disability ratings are warranted.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining updated treatment records. The issues of a higher rating for DDD of the lumbar spine with spondylosis, initial ratings for three painful scars of the knees, and a compensable rating for linear scars of the knees are being addressed. A TDIU is also inextricably intertwined with these claims.

The Veteran's claim for service connection for PTSD is granted. The Board also remanded the claims for service connection for various musculoskeletal and respiratory conditions, including those related to Persian Gulf service.