Knee decisions — 2022

The Board has remanded the service connection claims for migraine headaches, stroke residuals, back disorder, left knee disorder, sleep apnea, GERD, and heart disorder due to inadequate opinions in previous VA examinations.

The Board has decided to remand the Veteran's claims for increased ratings and service connection due to new evidence of worsening knee conditions, as well as secondary service connection issues.

The Veteran's appeals for service connection of right knee, left knee, and prostate conditions have been dismissed. The appeals seeking service connection for cervical spine, low back, and bilateral hearing loss conditions are remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment since July 24, 2020.

The Veteran's right knee disability is denied a rating in excess of 30 percent, while his left knee disability is granted a 60 percent rating from November 27, 2018 to July 24, 2020.

The Veteran's TBI and left knee disability are granted, but the case is remanded for further development regarding his left knee disability.

The Board has remanded the issues of service connection for right hip, shoulder, knee, and wrist disorders due to their secondary nature to bilateral lower extremity radiculopathy. Additional development is needed including obtaining private treatment records and providing VA medical opinions.

The Veteran's TDIU claim is remanded due to insufficient information about his employment history and potential accommodations for his service-connected disabilities.

The Board has remanded several issues related to the Veteran's service connection claims, including for pseudofolliculitis barbae, right and left knee disabilities, bilateral foot disability, migraine headaches, psychiatric disability, hypertension, stomach disability (acid reflux), cervical spine disability, low back disability, sleep apnea, hemorrhoids, surgical scar on lower back, neurological disability of the left lower extremity, and neurological disability of the right lower extremity. Additional development is required to obtain updated VA medical treatment records and properly executed releases for any private care providers who have treated the Veteran.

The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities were denied. The left knee disability was rated at 30 percent since April 20, 2015 and the right knee disability from April 20, 2015 to June 1, 2021 was also rated at 10 percent. On and after June 2, 2021, the right knee disability was denied a rating in excess of 30 percent.

A 20 percent rating, but no more, for chronic thoracolumbar strain and lumbar retrolisthesis prior to August 23, 2020, is granted.,A separate noncompensable rating for radiculopathy of the right lower extremity (RLE) of the sciatic nerve prior to August 23, 2020, is granted. A separate noncompensable rating for radiculopathy of the left lower extremity (LLE) of the sciatic nerve prior to August 23, 2020, is also granted.,A compensable rating for limitation of flexion for right knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for right knee PFS prior to August 23, 2020, is granted.,A compensable rating for limitation of flexion for left knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for left knee PFS prior to August 23, 2020, is granted.,A rating in excess of 10 percent for left knee patellofemoral pain syndrome since August 23, 2020, is denied.

The Veteran's left knee disability, including the residuals of a total knee replacement, is rated at 60 percent effective October 1, 2019. Prior to August 14, 2018, the disability was rated at 10 percent.

The Veteran's claims for service connection for right wrist, left shoulder, and right shoulder conditions have been granted. The claim for service connection of the left knee condition has also been granted.

The Veteran's initial rating for a left knee disability prior to November 21, 2016, and from January 1, 2017, is being remanded due to inadequate VA examination reports.

The Board has granted service connection for tinnitus, a right knee disability, and a right foot disability. Service connection for an acquired psychiatric disorder is also granted. The claim for service connection for a cardiac disability remains pending as the Veteran failed to appear for a VA examination.

The Veteran's appeal is remanded for a new VA medical examination to determine the current severity of his service-connected right knee disability, including any additional functional loss caused by repeated use over time and flare-ups.

The Board has remanded the claims for right knee instability and left knee strain with osteoarthritis and patellofemoral chondromalacia due to inadequate retrospective opinions regarding flare-ups and consideration of pain on both active and passive motion, in weightbearing and non-weightbearing.

The Board has remanded the claims for service connection for left knee disorder, as it is unclear whether the Veteran's current condition is related to her active military service.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically post-traumatic stress disorder and left knee conditions. The Board has granted a total disability rating based on individual unemployability effective October 14, 2015.

The Veteran's claims for service connection for fatigue due to Gulf War Illness and initial compensable ratings for left and right knee strains were denied. The Board found that the evidence did not show objective indications of a qualifying chronic disability, such as chronic fatigue syndrome or undiagnosed illness, and instead attributed his symptoms to his service-connected asthma and PTSD.