Knee decisions — 2022

The Veteran's appeal for a rating in excess of 20 percent for left knee patellofemoral syndrome with arthritis of the left knee and his claim for service connection for pruritis have been dismissed.,The Veteran's claim for service connection for a skin rash of the scrotum has been reopened, but not granted. The evidence received since the November 2006 rating decision relates to an unestablished fact necessary to establish the claim (a diagnosis of a skin rash and reports of treatment for the same in service and since that time).,The Veteran's tinnitus is etiologically related to acoustic trauma sustained during his active service.,The Veteran's bilateral hearing loss, psychiatric disorder (alcohol use disorder/unspecified depressive disorder), right shoulder disability, left elbow disability, right wrist disability, left ankle disability, allergies/rhinitis, persistent diarrhea, and migraine headaches are all remanded for further development as specified in the decision.,The Veteran's obstructive sleep apnea is remanded for further development.

The Veteran's claim for an initial compensable rating for degenerative arthritis of the right knee was denied as his symptoms did not meet the criteria for a higher rating.

The Veteran's right knee disability, including post-total knee replacement, is not rated higher than the current levels of 10 percent and 30 percent respectively.

The Board has decided to remand the case due to incomplete medical records and inadequate examination, requiring further development of the Veteran's claim for compensation under 38 U.S.C. § 1151.

The Veteran's claims for service connection for right knee, left shoulder, and thoracolumbar spine disabilities have been reopened due to the submission of new and material evidence. However, these claims remain denied as there is no competent medical evidence linking any current disability to service or a service-connected condition.

The Veteran's appeals for increased ratings for right and left knee arthritic pain disabilities, as well as left knee instability, were denied. The current diagnoses include bilateral knee pain syndrome with degenerative arthritis (right and left knee arthritic pain disabilities).

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's disabilities, including right knee, left knee, bilateral hand and back disabilities. The VA will conduct further examinations and obtain medical opinions.

The Board has decided to remand the case due to inadequate medical opinions regarding the relationship between the Veteran's right knee disability and his service-connected left knee disability. The VA examiner needs to provide separate opinions on causation and aggravation, considering recent treatment records.

The Veteran sustained an additional left knee disability during VA in-patient treatment provided from September 2008 to October 2008. This additional injury is causally related to the VA treatment as it was incurred at a VA facility while the Veteran was engaged in an activity (recreation/exercise) which was generally part of his treatment program. The decision concludes that this additional left knee disability was not proximately caused by negligence, lack of care, or any other fault of VA and is at least as likely as not proximately due to an unforeseeable event, including a 'freak accident'.

The Board has remanded several issues related to the Veteran's lumbar spine strain, left knee strain, and bilateral knee disabilities due to insufficient examination findings and lack of consideration of functional loss. The Veteran will need additional examinations to address these issues.

The Board has remanded the Veteran's claims of service connection for left and right knee disabilities due to inadequate medical opinions in previous examinations.

The Veteran's claims for right knee disability, hypertension, tension headaches (prior to October 5, 2021), and sleep apnea are being remanded due to the need for further development. The claim for tension headaches is granted since October 5, 2021.

The Veteran's service connection claims for a left knee disorder, an acquired psychiatric disorder, and bilateral hearing loss have been denied as the evidence does not support a finding that any of these conditions are related to his active military service.,There is no medical evidence showing a chronic left knee disorder during or within one year after service. The Veteran's STRs do not show any complaints or treatment for a left knee disorder, and he was diagnosed with degenerative joint disease over fifty years after separation from service.

The Board has remanded the Veteran's claims of service connection for a right knee condition and bilateral flat foot condition due to the need for additional VA examinations, as well as the potential existence of outstanding relevant treatment records.

The Veteran's appeals for increased ratings and service connection have been dismissed as he withdrew his claims. The Board has also remanded several issues including low back, right knee, left knee, cervical spine, OSA, hypertension, and an acquired psychiatric disorder.

The Board has denied the claims for service connection for right shoulder and right knee disabilities, as well as for migraines and sleep apnea. The claims for migraines and sleep apnea are remanded for further development.

The Veteran's PTSD is granted a 70% rating, and the right knee arthritis issue is remanded for further evaluation.

The Veteran's right knee instability is currently rated as 10 percent disabling. The Board has decided to remand the case for a new VA examination to assess the current severity of her service-connected right knee instability.

The Board has vacated the denial of reopening service connection for neck, left knee, and right knee disabilities. The claims are now remanded to provide a VA examination to determine if these conditions are related to service.

The Veteran's service connection claims for migraine headaches and right knee disability are granted. The claim for chronic fatigue syndrome is denied, with the Board finding that her symptoms are attributable to known clinical diagnoses.