Knee decisions — 2022

The Board has determined that the Veteran's additional disabilities, including postoperative residuals of right total knee replacement surgery and staph infection, are at least as likely as not caused by or contributed to by his surgeries. The Board finds that these events were unforeseeable.

The Veteran's service connection claims for hypertension and diabetes have been dismissed as the Veteran withdrew his appeals.,New evidence has been received to reopen service connection claims for spinal stenosis, bulging disc/degenerative joint disease of the spine, skin disorder, vision loss of the left eye, and right knee arthritis.

The Board has remanded the Veteran's claim for service connection for a left knee condition due to insufficient evidence regarding its etiology and whether it is related to his military service.

The Veteran's lumbar spondylosis with disc degeneration and compression fracture is rated at 20 percent, which is the maximum schedular rating available. The right knee disability is also rated at 20 percent. For his sleep disorder with depressive disorder and generalized anxiety disorder, a 50 percent rating was granted prior to September 3, 2021, but not from that date forward. TDIU was denied.

The Board has determined that the Veteran's claims for higher ratings for his right knee and left achilles tendon disabilities, as well as his TDIU claim, require additional development. Specifically, outstanding VA treatment records need to be associated with the file, a new VA examination is needed for both knees, and the Veteran must provide further detail about his work experience during the period on review.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right knee ROM prior to August 16, 2019. The Veteran is seeking higher ratings for his service-connected right knee disabilities.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for further examination.

The Veteran's claim of service connection for a right knee disability, as secondary to his service-connected left knee disability, is being remanded due to the need for an addendum VA examination. The Veteran has not established new and material evidence to reopen his previous denial.

The Board has denied the Veteran's claims of service connection for right knee disorder, skin rash, bilateral hearing loss, erectile dysfunction, diabetes mellitus type II, hypertension, gout, and bilateral eye condition. The evidence does not support a finding that these conditions are related to military service.

The Board has dismissed all appeals related to the Veteran's service connection claims for various knee conditions and cervical spine issues due to his death.

The Board has remanded the cases for further development and examination to determine if service connection can be granted for tinnitus, left knee disability, right knee disability, and bilateral hearing loss.

The Veteran's claim for special monthly compensation (SMC) based on statutory housebound status was denied as he did not meet the requirements of having a single service-connected disability rated at 100 percent and additional disabilities independently ratable at 60 percent or more, which would qualify him for SMC under 38 U.S.C. § 1114(s).

The Board has determined that additional remand is necessary to obtain updated medical opinions regarding the Veteran's claims for service connection for OSA, low back disability, left knee condition, and right knee condition. The opinions must consider the Veteran's lay statements and other relevant evidence.

The Board has determined that there is a 50/50 chance (equipoise) that the Veteran's degenerative arthritis of the left knee was caused by injuries sustained during his period of active duty for training. Therefore, service connection is granted.

The Veteran's left knee disability is granted an increased rating of 20 percent for limitation of flexion, a separate 10 percent rating for instability effective March 28, 2022, and a separate 20 percent rating for frequent episodes of swelling, locking, and pain.

The Veteran's initial rating requests were denied in full. For his left shoulder tendinosis, the Veteran received no higher rating than the minimum compensable rating of 10%. For his right knee disability, he received a 10% rating for extension limitation as of March 18, 2022, but not for instability prior to that date or flexion limitation.

The Veteran withdrew their appeal for service connection of the left knee disability, and as a result, the appeal is dismissed.

The Board has remanded the Veteran's claims for service connection for right knee, ankle, and foot conditions as well as left and right ear conditions due to incomplete development of records from Gainesville/Lake City VAMC.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's initial compensable rating for migraines prior to November 4, 2021 is denied.,The Veteran's lumbar paraspinal tendonitis (back disability) has been rated at 40 percent since September 15, 2009. The issue of a higher rating remains pending.