Knee decisions — 2022

The Board has remanded the Veteran's claims for service connection for right and left knee disabilities due to inadequate VA examination and need for additional medical records.

The Board has remanded the claims for service connection for an acquired psychiatric disability, bilateral knee disability, and bilateral hearing loss disability. The claim for special monthly compensation (SMC) based on housebound status or the need for regular aid and attendance is also being remanded.

The Veteran's right and left knee osteoarthritis, as well as his sleep apnea and hypertension, are granted service connection. The hearing loss disability in the left ear remains remanded for further examination.

The Board has remanded the cases for further development and examination, including obtaining private medical records and scheduling examinations to assess the Veteran's psychiatric disorder, ankle disorders, knee disorders, and back disability.

The Veteran's right hip disability has not caused limitation of flexion to 30 degrees or less, warranting a 10 percent rating.,The Veteran's right hip disability has caused limited rotation and adduction of the thigh, but not abduction beyond 10 degrees, warranting a separate 10 percent rating for impairment of the right thigh due to a right hip strain. The Veteran's patellofemoral syndrome of both knees is currently rated at 10 percent each.,The Veteran's left knee instability was noted as slight at the time of his April 2009 VA examination, warranting a separate rating under Diagnostic Code 5257.

The Veteran's facial and neck folliculitis began during active service, and the Board has granted service connection for this condition.

The Board has decided to remand the claims for an initial rating higher than 20 percent for DDD of the cervical spine, and for an initial-higher ratings for the service-connected left knee. The TDIU claim is also being remanded.

The Board has remanded three issues related to the Veteran's right knee conditions due to a finding of clear and unmistakable error in the July 2022 rating decision.

The Board denied reopening the claim for service connection of a right knee disability and granted separate ratings for left knee instability and limitation of motion, but did not assign a higher rating for left knee instability.

The Veteran's claim for an effective date earlier than July 22, 2010 for the grant of service connection for schizoaffective disorder (also claimed as PTSD) was denied. The Board found that there was no basis for an earlier grant of benefits in this case.

The Veteran's right knee extension was limited to 30 degrees prior to July 7, 2003, and the Board granted an initial 40 percent rating for this condition.

The Board has remanded the Veteran's claims for service connection for various conditions due to missing VA treatment records from his active duty service in Vietnam.

The Veteran's current diagnosed migraine headaches are found to have had their onset during her active service and continue to this day.,The Veteran's current diagnosed eustachian tube dysfunction is found to have had its onset during her active service and continues to this day.

The Veteran's right knee condition is granted as secondary to his service-connected left knee disability.,The Veteran's right hip condition is granted as secondary to his service-connected left knee disability.,The Veteran's OSA is granted as secondary to his service-connected left knee disability with obesity as an intermediate step.

The Veteran's claim for service connection for a mood disorder is dismissed. The Board also remanded the issues of increased disability ratings for lumbosacral strain, degenerative arthritis, and left knee strain.

The Board has ordered the Veteran to be reexamined in order to reassess the severity of his left foot disability and consequent scars, as the current evidence is too old to adequately evaluate these conditions.

The Board has decided to remand the cases of service connection for bilateral hip and knee disabilities due to insufficient consideration of the Veteran's lay statements in previous VA examinations.

The appeals concerning dizziness, bilateral hearing loss, bilateral orbital pseudotumor as secondary to the service-connected disability of migraine and mixed headache disorder, restless leg syndrome, left hip condition, right hip condition, and right shoulder condition have been dismissed.,Obstructive sleep apnea has been granted.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back disability, residuals of brain injury, right leg disability, and arthritis (left leg/knee). The claims are being remanded to allow for further examination and opinion.

The Board has remanded the case due to the need for additional VA treatment records and private medical records related to the Veteran's right knee surgery. The issue of a rating in excess of 10 percent for right knee chondromalacia is being returned to the RO for further action.