Knee decisions — 2022

The Veteran's claim for service connection for an acquired psychiatric disorder has been reopened, and the appeal is granted. The claims for service connection for other conditions are remanded.

The Board denied the Veteran's claim for service connection for right knee disability, finding that there is not an approximate balance of positive and negative evidence to support a finding that his current right knee disabilities are related to service or his service-connected left knee disability.

The Board denied service connection for right and left knee disorders, finding that the Veteran's current conditions are not related to his active duty service.

The Board has determined that the Veteran's current diagnoses of bilateral knee arthritis do not meet the criteria for service connection, as there is no persuasive evidence showing a nexus between his in-service injuries and his current conditions.

The Veteran has withdrawn his appeals for service connection and rating increases related to various conditions, including an acquired psychiatric disorder, a left knee disorder, migraine headaches, lumbar spine disability, right knee injury with posttraumatic arthritis, and scar from pyelolithotomy. The appeal is dismissed as the claims are withdrawn.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the Veteran's claim for service connection for a right knee disability. As such, another remand is required to ensure proper development of the case.

The Veteran's service-connected disabilities, including PTSD and diabetes mellitus type II, have rendered him unable to secure or follow a substantially gainful occupation. The Board has remanded the case for clarification of his employment history during the appeal period and for an opinion on the functional impairment caused by these conditions.

The Board has decided that the Veteran's claims for service connection for left knee and right hip disabilities need further examination to determine their etiology.

The Veteran's cervical spine surgery is not service connected. The Board has remanded the cases for further examination and rating considerations due to the Veteran's assertions of worsening symptoms.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which the Board has granted TDIU. The issues of SMC based on housebound criteria or aid and attendance are also remanded.

The Board has decided to remand the Veteran's claims for service connection for various conditions, including back, shoulder, knee, and foot disabilities, as well as PTSD and depression. The VA is instructed to obtain additional medical records, particularly from his military service, and to schedule examinations to determine if these conditions are related to his time in service.

The Veteran's appeal for a higher rating for GERD is dismissed.,A 30 percent disability rating, but no higher, was granted for the service-connected posttraumatic migraine headaches before February 7, 2020. The Veteran is currently receiving the maximum allowable schedular rating for this condition.,For the period on appeal from February 7, 2020 onwards, a higher disability rating for the service-connected posttraumatic migraine headaches was denied.,A separate 10 percent disability rating, but no higher, was granted for left knee instability. The Veteran's left knee flexion is limited to no worse than 110 degrees with pain at full flexion and extension is to 0 degrees. There has been no evidence of ankylosis or semilunar cartilage dislocation.,Service connection was denied for the service-connected left shoulder, right shoulder, left hip, and right hip disabilities.,The Veteran's appeal for increased ratings for his service-connected posttraumatic migraine headaches is remanded. Service connection for TBI residuals as part of PTSD remains pending.,Service connection was denied for the service-connected left hip and right hip disabilities.,The matter regarding service connection for TBI residuals as part of PTSD is referred to the AOJ for clarification.

The Board has remanded the claims for additional development due to incomplete VA examinations and failure to comply with prior remand directives.

The Veteran's claims for increased ratings for left knee conditions have been denied. The current ratings are found to be inadequate based on the severity of his symptoms and functional limitations.

The Veteran's appeal is being remanded for a new examination to assess the severity and functional impairment of his left knee disabilities, including during flare-ups and after repetitive use over time.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and low back disabilities due to inadequate medical opinions. The claims are being returned for further development.

The Veteran's right and left shin splints with knee disabilities are currently rated at 10% each, but the evidence does not support a higher rating as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Board denied service connection for the Veteran's back, left knee, and right ankle disabilities due to lack of evidence linking these conditions to his military service.

The Board has reopened the claim for eligibility for VA benefits due to new and material evidence. However, the character of discharge from service for the period from March 1, 1970 to May 20, 1976 is still under review as it may constitute a bar to VA benefits.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and the need to obtain additional evidence from SSA, private providers, and worker's compensation. The claims will be reviewed again with this new information.