Knee decisions — 2022

The Veteran's claims for an increased rating for right knee disability and service connection for obstructive sleep apnea are remanded due to the need for additional medical opinions regarding functional loss during flare-ups and the relationship between his service-connected disabilities and OSA.

The Veteran's low back disability is rated at 40 percent from August 11, 2015. The left knee limitation of flexion is separately rated as a 10 percent disability.

The Veteran's claim for service connection for left knee osteoarthritis and ischemic heart disease has been granted. The appeal is also remanded for further development regarding the residuals of right hip replacement.

The Board denied service connection for left knee, right ankle, cervical spine, lumbar spine, cephalgia, partial loss of use of upper extremities, and gout involving the left hand, knees, and ankles as there is no persuasive evidence that these conditions began during active service or are otherwise related to in-service injuries or diseases.,The Board found that the Veteran's current disabilities do not have a direct link to his military service.

The Veteran's TDIU claim was denied because he did not submit a completed VA Form 21-8940 to support his application, and there is no indication in the evidence of record that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the Veteran's claims for right knee disabilities due to inadequate consideration of his symptoms and treatment, including pain management and use of a cane. A new VA examination is needed to assess the current severity of these conditions.

The Veteran's claims for increased ratings for his right knee disability were denied. The initial rating of 10 percent for right knee internal derangement prior to September 25, 2019 was denied, and the claim for a higher rating for total knee replacement from November 1, 2020 was also denied.

The Board has granted service connection for tinnitus and remanded the remaining issues of back, left knee, right knee, and right ankle disabilities. The Veteran's PTSD rating remains under review.

Service connection is granted for a low back disability and its associated neurological symptoms in both lower extremities.,Secondary service connection is also granted for the Veteran's bilateral hip condition and bilateral knee disability, all related to his low back disability.

The Board denied the Veteran's claim for service connection for a right ankle disorder, finding that his current condition is not related to his military service.,The Board remanded the issue of service connection for a left knee disorder due to insufficient evidence regarding its etiology.

The Veteran's right knee instability is granted a 20 percent rating, effective April 21, 2014. His coronary artery disease (CAD) is also granted a 30 percent initial rating.

The Board has dismissed the appeal regarding the left knee scars and has remanded several other issues for further review.

The Board has decided to remand the Veteran's clothing allowance claims for use of a back brace, bilateral ankle braces, right knee brace, shoe inserts (orthotics), and topical cream due to insufficient evidence regarding the types of devices used and their impact on clothing. The AOJ is instructed to seek clarification from the Veteran and obtain relevant documentation.

The Board has readjudicated the Veteran's claims for tinnitus and bilateral hearing loss, finding new evidence relevant to these issues. The claims of service connection for right knee disability and left knee disability are remanded due to a duty-to-assist error.

The Board has decided to remand the case due to a failure to consider the Veteran's lay statements and internal consistency of his symptoms, which may affect the determination of service connection for left knee iliotibial band syndrome.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's claim for an initial rating greater than 40 percent for thoracolumbar spine degenerative arthritis is denied.,The Veteran's claim for TDIU is granted.

The Veteran's left total knee replacement is rated at 60 percent disabling for the period prior to June 25, 2020. For the period from June 25, 2020 onward, a higher rating is denied.

The Veteran's appeals for service connection for asbestosis, a higher disability rating for his left knee disability, and a higher disability rating for his lumbar spine disability have been dismissed due to the Veteran withdrawing all of his appeals.

The Veteran's appeals for service connection and increased ratings have been dismissed due to her withdrawal of the appeal.