Knee decisions — 2022

The Veteran's claims for a higher rating for left knee instability and TDIU are remanded due to the need for updated evidence and an examination.

The Board has determined that the Veteran's left knee disabilities did not result in limitation of flexion to 30 degrees or less, limitation of extension to 15 degrees or less, or moderate recurrent subluxation or instability prior to June 15, 2009. As a result, his claims for increased ratings are denied.

The Veteran's tinnitus/ringing in the ears is service-connected and an effective date prior to May 31, 2017, for this condition has been granted.,Issues regarding right knee meniscus strain s/p arthroscopic surgery have been remanded due to insufficient evidence or procedural issues.,Issues regarding surgical scar right knee s/p arthroscopic surgery have been dismissed as the Veteran withdrew his appeal of these issues at a hearing before the Board.,Service connection for psychiatric disorders, sleep apnea/loud snoring, migraines, and traumatic brain injury (TBI) with amnesia, memory loss, and forgetfulness has also been remanded.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his March 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The Veteran must file a VA Form 9 substantive appeal to perfect his appeal.

The Board has remanded the Veteran's claim for a VA examination to assess the current severity of his left knee disability, as the previous examination did not provide range of motion measurements with weight bearing and non-weight motion bearing. The new criteria for rating musculoskeletal system and muscle injuries disabilities have also been considered.

The Board has found that additional evidence is needed to fully adjudicate the Veteran's claims, including obtaining medical records and conducting examinations for his service-connected conditions.

The Board has remanded the Veteran's claims for low back disabilities and left knee disability due to procedural errors in obtaining medical records and scheduling examinations. The AOJ must ensure all necessary development is completed before readjudicating these issues.

The Veteran's appeals for increased ratings on multiple service-connected conditions have been dismissed due to the Veteran withdrawing his appeal of these issues during a Board hearing. The Veteran was granted an initial rating of 10 percent for right knee osteoarthritis and patellofemoral syndrome, but no higher, from December 31, 2013.

The Veteran's claims for service connection for bilateral knee conditions and left hip condition are being remanded due to the need for new VA examinations.

The Board has remanded the Veteran's claims for a bilateral hand disability and left knee patellofemoral pain syndrome due to additional development being necessary.

The Board has remanded the claims for service connection for lower back condition, stomach condition, left knee condition, migraine headaches, GERD, and hypertension due to current diagnoses and credible testimony of in-service symptoms.,Service connection is not granted as there are no diagnosed conditions.

The Board has remanded the claims for further development due to additional VA treatment records being added to the Veteran's file.

The Board has granted service connection for the Veteran's right knee and low back disorders, finding that these conditions are secondary to his service-connected right ankle disorder.

The Veteran's right knee disability is rated based on partial replacement and limited extension. The Board has determined that a remand is necessary to obtain another VA examination in order to appropriately rate the Veteran's right knee disability under the Diagnostic Codes.

The Board has dismissed the appeals for headaches and bilateral hearing loss as they have been granted by a separate rating decision.,The Veteran's right knee meniscal tear and osteoarthritis are now service-connected, but the issue of bilateral ear disability (otitis media) is being remanded.

The Board denied the Veteran's claim for an effective payment date before December 1, 2015, for a temporary total disability rating following his right knee surgery in November 2015. The decision stated that the proper effective date was December 1, 2015.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, resulting in a grant of TDIU.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, degenerative joint disease of the knees, and an acquired psychiatric disorder (including depressive disorder, anxiety disorder, PTSD, and tremors).

The Board has remanded the claims for service connection for right hand and right knee disabilities due to incomplete medical opinions regarding the etiology of these conditions. The Veteran's current disabilities are being evaluated again with additional examination and consideration of all relevant evidence.

The Board has remanded the issues of entitlement to service connection for left knee disability, right knee disability, right ankle disability, and left ankle disability. The Veteran's digestive disability is granted.