Knee decisions — 2022

The Board has denied the Veteran's claims for service connection for left knee disability, left knee surgical scar, and cervical spine arthritis with spasms due to lack of evidence linking these conditions to his military service.

The Board denied service connection for right and left knee disabilities, finding that the current diagnoses are not related to service or service-connected conditions.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no evidence of an in-service injury or chronic condition related to his current diagnosis.

The Veteran's claims for depression, left knee disability, and back disability have been reopened. The Board has determined that the evidence is sufficient to establish service connection for major depressive disorder but remanded for further examination on PTSD, bilateral knee disabilities, and a back disability.

The Veteran's bilateral hearing loss is not service-connected due to lack of in-service onset or continuity of symptomatology.,Service connection for a disability of the upper extremities, to include thoracic neuropathy, is denied as there is no current diagnosis and no evidence linking it to service.,Service connection for a bilateral ankle and feet disability is remanded as the VA examiner found a negative nexus to service.,Service connection for a bilateral leg and knee disability is remanded as the VA examiner found a negative nexus to service.,Service connection for a lumbar disorder, claimed as lumbar radiculopathy, is remanded as the VA examiner found a negative nexus to service.

The Veteran's claims for increased ratings and initial rating determinations were denied. The claim for an increased rating for right knee strain with patellofemoral pain syndrome was denied as the evidence did not support a higher rating than 10 percent. The claim for an initial rating in excess of 30 percent prior to May 4, 2015, and in excess of 70 percent thereafter for major depressive disorder (residuals of traumatic brain injury) was also denied as the evidence did not support a higher rating than 30 percent.

The Board has remanded the cases due to a need for additional medical opinions and consideration of the TDIU claim prior to June 4, 2021.

The Veteran's claims for service connection have been reopened, and the Board has granted them. The right shoulder condition, right knee condition, left upper extremity peripheral neuropathy, and right upper extremity peripheral neuropathy are all now considered on their merits.

Service connection for a total left knee replacement is granted.,Service connection for a total right shoulder replacement is denied.,The Veteran's service-connected right ankle injury, residuals thereof, and bilateral hip replacements are remanded for further development.

The Veteran's appeals for increased ratings for right and left knee disabilities have been denied as the evidence does not support a rating in excess of 30 percent.

The Board has remanded the claims for cervical spine and bilateral knee disabilities due to inadequate development, including scheduling of VA examinations. Additional examinations are needed to determine the etiology of any diagnosed disabilities.

The Veteran's lumbar strain was granted a 40 percent rating prior to February 15, 2022 and denied any higher rating thereafter.,The Veteran's right shoulder strain was granted a 40 percent rating. The left knee osteoarthritis and right knee osteoarthritis were both remanded for further action.

An effective date of March 31, 2006, but no earlier, for the award of service connection for lumbosacral strain with degenerative changes, lumbar spine is granted.,A rating in excess of 20 percent for a lumbar spine disorder prior to November 14, 2012, is denied.,An effective date of November 14, 2012, but no earlier, for the grant of a 40 percent rating for lumbosacral strain with degenerative changes, lumbar spine is granted.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment from at least July 31, 2019, such that entitlement to a TDIU is warranted from that date. The AOJ did not substantially comply with the Board's April 2022 remand directives and another remand is required.

The Veteran's claims for service connection have been granted, with the exception of those related to gastrointestinal disorder and chronic fatigue syndrome. The Board has also remanded several issues for further development.

The Veteran's sleep apnea, left knee condition, right knee condition, and right hip condition are not service-connected.,His left hip strain is not rated higher than the current 10 percent assigned.

The Veteran's right and left knee TKR are rated at 30 percent each, with a separate rating of 10 percent for instability of the right knee since February 2022. Service connection for hypertension is granted.

The Board has granted service connection for right knee pain, finding that the Veteran's current symptoms are related to her in-service injury and have persisted since service.

The Veteran's claims for increased ratings for residuals of left and right tibial stress fractures, as well as a TDIU claim, were denied.,From May 19, 2016 to December 1, 2021, the Veteran was granted a separate 10 percent rating for right knee instability. From December 2, 2021 onwards, his claim for a higher rating for right knee instability was denied.

The Veteran's claim for service connection for bilateral hearing loss has been withdrawn and dismissed.,Service connection for left knee strain was denied as the evidence does not support an in-service injury or disease, and there is no credible link between current symptoms and service.,Service connection for a bilateral foot disability was denied due to lack of evidence of an in-service injury or disease. The Veteran's testimony about chronic pain during service did not align with contemporaneous records indicating he did not seek treatment for left knee issues.,The Veteran's claim for right shoulder disability, psychiatric disorder (PTSD and major depressive disorder), cervical spine disability, lumbar spine disability, and radiculopathy was remanded as the evidence is insufficient to determine if these conditions are related to service.