Knee decisions — 2022

The Board has granted the Veteran's claim for service connection of a right knee disability as secondary to his service-connected left knee disability, finding that compensating for his left knee caused or aggravated his right knee.

The Veteran's claims for gastrointestinal, right shoulder, and bilateral knee disabilities have been denied as there is no evidence of a nexus between the current conditions and his service period.

The Board has remanded the Veteran's claims for high blood pressure, back condition, bilateral eye condition, bladder incontinence, headaches (HA), right knee, left knee, and erectile dysfunction deformity due to insufficient evidence. The claims are being reviewed again with consideration of service connection based on new and material evidence.

The Board has granted service connection for left knee strain, arthritis of the bilateral shoulders (also claimed as arthritis of the joints), and cervical strain as secondary to service-connected right knee degenerative joint disease.

The Veteran's combined disability rating is at least 70 percent, meeting the criteria for a TDIU on an extraschedular basis since August 14, 2014.

The Board has remanded the Veteran's claims for lumbar spine disability, left knee disability, and right hip disability due to inadequate VA examination findings. The Veteran contends his current disabilities are related to service, particularly his service-connected right knee disability.

The Veteran's appeals for service connection for various conditions have been withdrawn. The Board has denied the remaining claims of service connection for a headache disorder, jaw disorder, neck disorder, lower back disorder, right hip disorder, left hip disorder, right knee disorder, and left foot disorder (numbness and tingling).

The Veteran's left knee instability and arthritis are rated at 30% and 20%, respectively, effective September 21, 2009. Higher ratings for these conditions are denied as they would violate the amputation rule.

The claims for service connection have been reopened, but the Veteran's claim for posttraumatic stress disorder remains denied. The Board has found new and material evidence to reopen the claims for lumbar spine, right leg, right knee, right hip, and right foot disorders, but not for posttraumatic stress disorder.

The Veteran's initial claims for service connection were denied due to failure to attend scheduled VA examinations.,The Veteran's fourth claim was denied because he did not provide requested information.

The Veteran's appeal is remanded for further VA examinations to determine the nature and etiology of his left knee disability, as well as the severity of his major depressive disorder. The issues are inextricably intertwined with these matters.

The Veteran's appeal is remanded for further development, including obtaining a new VA examination to address the etiology of his headaches and their relationship to service-connected allergic rhinitis.

The Board denied service connection for bilateral hearing loss disability, right knee disability, and left knee pain disability. The Veteran's current disabilities are not considered to be related to his military service.,Service connection was also denied for asthma. The Veteran's current condition is not linked to his time in the military.

The Veteran's left knee degenerative joint disease and dislocated semilunar cartilage were granted separate ratings, with the dislocated semilunar cartilage receiving a 20% rating from March 4, 2016 to February 8, 2021.

The Veteran's bilateral knee and tibia impairments have been rated as noncompensable under Diagnostic Code 5262. The Board has found substantial compliance with the May 2022 remand directives, but the case is still pending due to the need for further development.

The Veteran has withdrawn his appeals for service connection for chronic fatigue syndrome, gastroesophageal reflux disease, irritable bowel syndrome, and an undiagnosed illness. The remaining issues of service connection for a disability manifested by sleep impairment (including sleep apnea and insomnia), right shoulder disability (supraspinatus tendon injury and rotator cuff injury), low back disability, left knee disability, and right knee disability are being remanded for further development.

The Veteran's initial rating for right knee degenerative joint disease/right knee strain is denied, but a separate 10 percent rating for right knee instability prior to July 8, 2021 is granted.,An initial rating higher than 30 percent for vestibular migraine headaches and an initial rating higher than 10 percent for adjustment disorder with depressed and anxious mood prior to July 3, 2014 are both remanded. A rating higher than 30 percent for adjustment disorder with depressed and anxious mood between July 3, 2014 and March 28, 2016 is also remanded. A rating higher than 50 percent for major depressive disorder (previously rated as adjustment disorder with depressed and anxious mood prior) from March 28, 2016 is remanded.,The Veteran's service-connected right knee degenerative joint disease/right knee strain is currently rated at 10 percent. The Veteran seeks a higher rating, but the Board finds no evidence to support such an increase in disability level.

The Board has determined that the issues of increased ratings for sinusitis, left knee strain with partial medial meniscectomy and DJD, right knee degenerative arthritis, and right knee degenerative arthritis with patellofemoral syndrome are remanded due to new evidence being added to the claims file.

The Veteran's claim for a higher rating for left knee degenerative joint disease was denied, but he received a separate 10 percent rating for loss of extension of the left knee effective September 12, 2016.

The Veteran's TDIU claim is granted effective September 19, 2017. His initial acne rating remains at 10 percent from September 19, 2017 to March 1, 2022 and then reclassified as a noncompensable scar of the back from that date onwards. Service connection for left knee arthritis and neck disability is denied. Service connection for dizziness is also denied.