Knee decisions — 2022

The Board has remanded the Veteran's claims for increased ratings for his left knee disabilities due to inadequate compliance with previous remand directives.

The Board has determined that additional development is needed to properly assess the Veteran's PTSD and right knee disability claims, including obtaining relevant VA treatment records and scheduling a VA examination.

The Board has decided to take jurisdiction over the Veteran's claims for service connection for right knee, left knee, right ankle, and left ankle disorders due to his implied request to rescind earlier requests to withdraw those issues. The Board finds that another VA medical examination is required as prior examinations are insufficient to address the question of secondary service connection.

The Board has decided to remand the case due to insufficient information regarding the Veteran's flare-ups of pain, which could significantly limit his functional ability. Additional development is needed.

The Board has determined that the Veteran did not have a left knee disability, cardiac disability (manifested by chest pain), or gastroesophageal reflux disease (GERD) at any time during or recent to the filing of the claim. The Veteran's medical records do not provide evidence of these conditions.,For the remaining issues, including Obstructive Sleep Apnea, the Board has determined that there is sufficient evidence to grant service connection.

The Board denied service connection for obstructive sleep apnea (OSA) and denied initial ratings in excess of 20 percent for left knee sprain with patellofemoral syndrome, non-displaced patella fracture, and medial meniscal tear, as well as an initial rating in excess of 10 percent for left knee limitation of flexion with osteoarthritis.,The Board found that the Veteran's OSA was not incurred during active-duty service.

The Board has decided to remand three cases involving increased disability ratings for the Veteran's service-connected left ankle arthritis, right ankle fracture with osteoarthritis, and postoperative residuals of the left knee. The decision is based on the need for additional development including obtaining private treatment records from UC Health and VA treatment records from February 2021 to present, as well as an examination to assess current severity.

The Veteran's claim for an increased disability rating for residuals of left knee replacement was granted from September 1, 2009, to November 17, 2010. A separate 10% disability rating for lateral instability is granted from November 18, 2010, onward. The Veteran's claim for TDIU was also granted from September 1, 2009, onward.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 26, 2015.

The Board denied the Veteran's petitions to reopen his service connection claims for bilateral hearing loss, lumbar spine disorder, right ankle disorder, left ankle disorder, right knee disorder, left knee disorder, right foot disorder, and left foot disorder. The Board also denied the Veteran's claim of entitlement to service connection for dizziness disorder. Tinnitus was granted as a new condition.

The Board has remanded the Veteran's claims for service connection due to insufficient development and need for additional opinions.

The Veteran's service connection claims for meniscal tear and arthritis of the left knee, as well as meniscal tear, chondromalacia and internal derangement of the right knee are granted. The issues regarding service connection for a left ankle disability, a right ankle disability, and a right foot disability are remanded.

The Veteran's allergic rhinitis is not manifested by polyps or greater than 50 percent obstruction of the nasal passage on both sides. The claim for a compensable rating for allergic rhinitis is denied.,For the entire period on appeal, the Veteran's left shoulder tendonitis more closely approximates objective pain with range of motion, and range of motion less than 25 degrees from the side. This is the maximum rating under the Diagnostic Code. The claim for an initial compensable rating for left shoulder tendonitis is denied.,The criteria for an initial rating in excess of 30 percent for left shoulder tendonitis, from December 22, 2021, have not been met. The claim for a higher rating for left shoulder tendonitis is denied.,The Veteran's service-connected right knee patellofemoral syndrome is manifested by slight lateral instability. The criteria for an initial compensable rating for right knee patellofemoral syndrome, limitation of extension, are not met. The claim for a higher rating for right knee patellofemoral syndrome, limitation of extension, is denied.,The Veteran's service-connected right knee patellofemoral syndrome is manifested by slight lateral instability. The criteria for a separate 10 percent rating, but no higher, for right knee instability are met. The claim for a separate rating for right knee instability is granted.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions regarding the onset and etiology of his knee, back, COPD, and hemorrhoids disabilities.

The Board has vacated its decision and remanded several issues related to the Veteran's service-connected low back disability, Parkinson's disease, left knee disability, bilateral hip disability, and TDIU prior to August 29, 2019. The rating for lumbosacral strain with arthritis remains at a 40 percent effective September 13, 2007.

The Veteran's lumbar spine, cervical spine, and right leg radiculopathy disabilities are granted as service-connected.,The Veteran's right knee disability is granted as service-connected. The Veteran's migraine headaches are granted at a 30 percent rating effective November 4, 2021.

The Board has remanded the claims of entitlement to service connection for left and right knee conditions due to inadequate medical opinions provided in May 2022. Additional remand is required to obtain addendum opinions from a VA examiner or an appropriate one, considering the Veteran's lay statements regarding his symptoms during service.

The Board has decided to remand the case due to outstanding VA treatment records and a need for an addendum opinion regarding the Veteran's lay contentions of continued bilateral knee pain.

The Board denied service connection for right and left knee disorders, finding that the evidence did not support a link between the current conditions and service.

The Board has found that the AOJ did not substantially comply with the remand directives and has ordered a supplemental statement of the case for the issues of bilateral hearing loss and right knee disability.