Knee decisions — 2022

The Board has remanded two issues related to the Veteran's service-connected left knee disabilities due to inadequate examinations addressing flare-ups and functional impairment.

The Veteran's right knee extension is limited to 20 degrees with repetitive use and during flare-ups, warranting a 30% rating under Diagnostic Code 5261 effective December 3, 2021.,The Veteran has at least as likely as not experienced slight instability of the right knee throughout the appeal period but does not meet criteria for moderate instability under Diagnostic Code 5257. A 10% rating is granted for instability under older version of Diagnostic Code 5257 effective December 30, 2011.,The Veteran's service-connected conditions do not warrant a higher initial rating.

The Board has remanded the case for further action due to the need for additional medical records and for consideration of an extraschedular TDIU rating.

The Veteran's service-connected headaches and bilateral knee disabilities are worsening, potentially affecting her ability to work. The Board has ordered additional examinations and a new opinion from the Director of Compensation Services regarding whether she qualifies for TDIU due to these conditions.

The Board has remanded the Veteran's claims for service connection for various lower and upper extremity conditions due to a lack of VA treatment records. The Veteran must provide any private medical records from Quick Care or other sources.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, increased ratings for right knee instability and left knee chondromalacia. The decision found no current disability in any of these conditions.

The Board has remanded the Veteran's claims for service connection for low back disability, left knee disability, and PTSD due to outstanding records needing to be obtained, an examination for sleep apnea, and addendum opinions on the issues.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment from January 30, 2018, to April 2, 2020.

The Board has denied the Veteran's claims for service connection for left and right knee conditions, as well as a systolic ejection heart murmur. The Board found that there is no persuasive evidence linking these conditions to his military service.,For the remaining issues of service connection for left and right ankle conditions, the case is being remanded for further development.

The Veteran's claims for service connection for various conditions are being remanded due to her failure to appear for scheduled VA examinations. The Board finds good cause and will schedule another examination.

The Veteran's claims for increased ratings and service connection for left and right knee disabilities, as well as left and right ankle conditions, are being remanded due to inadequate examination reports.

The Board has denied the Veteran's claims for service connection for a right knee disability and bilateral leg disability, finding that there is no evidence of such conditions during or within one year after service. The Board also found that any current symptoms are not related to service.

The Board has determined that the Veteran's nightmare disorder originated during active service and grants service connection for this condition. The Board also finds that further VA audiological and knee evaluations are needed to determine if any bilateral hearing loss or left knee disabilities are related to service, and remands the TDIU claim.

The Veteran's claims for increased rating in excess of 10 percent for left ulnar neuropathy and service connection for a left knee disorder have been dismissed.,An effective date earlier than June 24, 2013, for the award of service connection for left ulnar neuropathy has been denied.

The Board has decided that the Veteran does not have a current diagnosis of sleep apnea or insomnia, and thus cannot be granted service connection for these conditions. The left knee disorder claim is remanded due to incomplete development.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his obesity and its relation to his knee disability. The VA examiner must provide an opinion on whether the service-connected left knee disability aggravated the Veteran's obesity, and if so, whether it is at least as likely as not that the current right knee disability would have occurred without obesity.

The Board has granted an earlier effective date of November 23, 2014 for the award of service connection for a right knee disability. The cases regarding higher initial ratings for nephrolithiasis and cervical spine disability are remanded.

The Veteran requested to withdraw the appeal of dependency benefits for T.D. and N.S., and the Board dismissed this issue.

The Board has dismissed the claim for right sided sciatica and granted reopening of previously denied claims for bilateral knee conditions, tinnitus, and acquired psychiatric disorders. The issues of service connection for a right knee disability, left knee disability, and an acquired psychiatric disorder are remanded.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected TBI caused or aggravated his left knee disability. The case will be returned for further development, including obtaining an opinion from a clinician with experience in the effects of TBI and organic affective syndrome.