Knee decisions — 2022

The Board has found that the Veteran's claims for service connection are remanded due to missing private medical records and a need for VA examinations.

The Board has dismissed the appeal for service connection of a right knee disorder due to the Veteran's withdrawal. The claims for back, left ankle, left foot, and left knee disorders are REMANDED.

The Veteran's right and left knee disabilities have been rated based on their specific symptoms, with separate ratings for extension limitation and flexion limitation. The meniscal tear in the left knee is also separately rated.

Service connection is granted for a back disability, bilateral lower extremity radiculopathy, left and right hip disabilities, and left and right knee disabilities as secondary to the Veteran's service-connected low back disability.,The evidence supports that the Veteran's current conditions are related to his in-service injuries and are aggravated by his service-connected condition.

The Veteran's sinusitis is granted service connection based on a presumption of exposure to fine particulate matter in Southwest Asia. The right knee disability and left knee disability as secondary to the right knee are denied.

The Veteran's appeal is remanded for further examination and opinion regarding his claims of increased ratings for bilateral hearing loss, eczematoid dermatitis, chronic, feet; service connection for a respiratory condition; left hip condition; left knee condition; and hemorrhoids. The Veteran has challenged the competency of VA examiners who have administered examinations during the appeal period.

The Veteran's initial claim for an increased rating for left knee meniscal tear was denied. The Board found that the evidence did not meet the criteria for a higher than 10 percent rating.,Separate ratings of 10 percent were granted for left knee flexion and instability, with no higher ratings being warranted.

The Board denied service connection for a low back disability, right knee disability, left knee disability, and obstructive sleep apnea as the evidence did not establish that these conditions were incurred or aggravated by military service.,There is no competent evidence linking any of the Veteran's current disabilities to his active duty service.

The Board has determined that a remand is necessary to obtain an examination and opinion regarding the Veteran's claimed left knee and leg disability, as there are inconsistencies in the medical records and conflicting opinions.

The Veteran's appeal for a higher disability rating for left knee instability has been withdrawn by his representative.

The Veteran's service-connected left knee disability is found to be the primary cause of his right knee and lumbar spine disabilities, leading to a grant of service connection for these conditions.

The Board has remanded the cases for further development and consideration of the Veteran's claims due to inadequate statements of reasons or bases in previous decisions.

The Veteran's skin disability, claimed as melanomas, is remanded due to lack of evidence during the appeal period.,The Veteran's peripheral neuropathy and below-the-knee amputation of the right leg are both remanded for additional development.

The Board has remanded the Veteran's claims for further development, including for VA examinations to assess the current severity of his lumbar spine and right knee disabilities. The examinations were not conducted in a manner that complied with the requirements set forth in Sharp v. Shulkin.

The Veteran's lumbar strain is now rated at 40 percent, effective from September 17, 2021. The other conditions remain unchanged.

The Board has granted service connection for sleep apnea and migraine headaches. Service connection is also granted for hip disability, knee disability, bilateral pes planus, and hypertension. The claims for hip disability, knee disability, bilateral pes planus, and hypertension are remanded for additional development.

The Board has dismissed the claims for left knee instability and increase rating for left knee flexion. The Veteran's acquired psychiatric condition, including PTSD and insomnia, is granted service connection. Service connection for OSA is remanded.

The Board denied the Veteran's claims for service connection for right and left knee disabilities, finding that there was no evidence of a chronic disability in service or within one year after service, and that any pre-existing condition did not worsen during service.

The Board has decided that the Veteran's claims for service connection for left knee, right knee, and low back disorders are remanded due to inadequate medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for increased ratings for left knee instability and osteoarthritis of the left knee with limitation of motion due to a request for the credentials of the November 2019 VA examiner, concerns about the qualifications of the examiner, and the need for a new VA examination.