Knee decisions — 2022

The Veteran's service connection claims for bilateral upper extremities radiculopathy, cervical spine disability, and right knee disabilities were granted with a combined evaluation of 100 percent effective December 26, 2012. The appellant applied for Dependents' Educational Assistance (DEA) benefits under Chapter 35 on the same date and was found eligible based on her eligibility as a child of a Veteran with permanent total disability.

The Board has granted service connection for the Veteran's left and right knee conditions, finding that his current bilateral knee conditions are related to his active military service. Service connection for sleep apnea is also granted.

The Veteran's migraine headaches are granted a 10% rating. Bilateral hearing loss is denied for the period from January 13, 2016 to May 9, 2022 and denied in excess of 10% for the period from May 9, 2022. Service connection is granted for left knee instability and right knee instability. The Veteran's heart disability is not service connected.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's left knee disability is currently rated at 10 percent, but the Board found no evidence of any compensable limitation of motion or instability. The claim for a higher rating was denied.

The Veteran's claims for increased disability rating for diabetes mellitus, direct service connection for right-knee disorder, and service connection for hypertensive heart disease as a result of exposure to an herbicide agent are all remanded due to the need for additional medical opinions.

The Board has remanded the cases for a VA examination to determine if any identified knee disabilities had their onset during active service or are related to any incident of service, including the documented October 1966 automobile accident.

The Veteran's PTSD claim is denied as there is no current diagnosis of PTSD or any other psychiatric disorder for VA compensation purposes.,The Veteran's lower back disability claim is denied as the evidence does not support a finding that his current condition began during active service or is related to an in-service injury or disease.,The Veteran's hearing loss claim is denied as there are no significant changes in hearing thresholds shown in the records and the Veteran did not report any complaints of tinnitus until after military service.,The Veteran's tinnitus claim is denied as there was no record of complaint or treatment for tinnitus during active service, and the Board finds that it is more likely related to post-military events.,The Veteran's right knee disability claim is denied as his current condition does not appear to be related to an in-service injury or disease. The remanded issues of bilateral shoulder conditions will impact this decision.,The Veteran's right shoulder condition and left shoulder condition claims are both remanded for further examination and opinion regarding the etiology of these disabilities.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied as his hearing impairment did not meet the criteria for a higher rating.,Claims for increased ratings for left hip strain with limitation of flexion, left hip strain with impairment of the thigh, and left hip strain with limitation of extension were also denied due to lack of evidence showing more severe functional limitations than currently assigned.

The Board has remanded the case due to the Veteran's failure to appear for a VA examination related to his service-connected left knee disability. The claim will be returned for another attempt at obtaining this examination.

The Board has determined that the Veteran's current right knee disability is related to service and granted service connection for this condition.

The Board denied the Veteran's claims for service connection for left shoulder, left hip, left knee disabilities and hypertension as there was no evidence of a current disability related to active duty service.

The Board has granted service connection for bilateral pes planus. The issues of service connection for a right hand disability, right knee disability, lumbar spine disability (including scoliosis), and spina bifida have been remanded due to the need for additional evidence.

The Board has dismissed the Veteran's claims for service connection for internal/external hemorrhoids and TDIU, as these issues were resolved in a July 2020 rating decision. The claim for service connection for left knee disability was denied due to lack of evidence showing a nexus between the current condition and service-connected right foot fracture.

The Board has remanded the cases due to issues related to the severity of left and right knee tendonitis prior to May 1, 2021. The Veteran is required to undergo a new VA examination to assess the current level of disability.

The Veteran's left knee disability, characterized by arthritis and limited motion, was found to be no more than a 30 percent disabling from August 20, 2012, to November 2, 2012. The separate rating for lateral instability was also denied.

The Board has remanded the Veteran's clothing allowance claims for back braces and knee braces due to insufficient information about the specific types of braces used in 2014-2017. The VA needs to obtain additional medical records, including evaluations by an Orthotist/Prosthetist, and provide proper VCAA notices.

The Veteran's claims for increased ratings for bilateral hearing loss, right knee instability, left knee instability, and painful flexion and extension of both knees were denied as the Veteran failed to attend scheduled VA examinations without good cause.

The Board has determined that the appellant's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment since February 1, 2018.

The Veteran's right knee disability was granted a 30 percent rating, and his left knee disability was denied an increased rating. The TDIU claim was also denied.