Knee decisions — 2022

The Board has remanded the Veteran's claims for traumatic brain injury, chronic headaches, left ear hearing loss, chronic sinusitis, left elbow disability, middle back disability, low back disability, irritable bowel syndrome (IBS), dysentery, left hip disability, right hip disability, left knee disability, right knee disability, left lower extremity neuropathy, right lower extremity neuropathy, left foot disability, and right foot disability due to incomplete records from his National Guard service.

The Veteran's service-connected disabilities do not render him unemployable from February 22, 2020, to the present. The Board finds that his educational success and goal-oriented attitude demonstrate his ability to secure and follow substantially gainful employment despite his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include an acquired psychiatric disorder, including PTSD, and a left knee disorder secondary to right total knee arthroplasty.

The Veteran's application to reopen the claim of service connection for a cervical spine disorder is granted. The effective dates for the grants of service connection for left and right knee disabilities are set at June 2, 2017. A rating in excess of 60 percent for a right knee disability is denied. Increased ratings for left knee disability prior to total knee replacement surgery are also denied.

The Board has remanded the Veteran's claims for service connection for a right knee disorder and a lower lumbar spine disorder, as secondary to coccydynia. The claims are currently under review.

The Board has remanded the Veteran's claims for service connection for bilateral knee disorders due to inadequate development and reliance on an examination that did not account for the Veteran's lay statements.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder disabilities. His claim of entitlement to a TDIU is based in part on impairment from those disabilities, which could lead to additional SMC if granted.

The Board denied the Veteran's claims of service connection for a bilateral knee condition, kidney condition secondary to his knee condition, and back condition. The decision found that new evidence did not establish a current disability or link it to service.

The Veteran's claim for a rating in excess of 10 percent for right knee disability with DJD was denied. For the period prior to October 27, 2016, entitlement to TDIU was also denied.

The Veteran's appeal is remanded for additional development, including obtaining retrospective opinions on functional loss during flare-ups and after repetition over time. The AOJ also needs to consider the period prior to April 2021 when a temporary 100% rating was in effect.

The Board has decided to remand the Veteran's claims for increased ratings for left knee strain with degenerative joint disease, left knee instability prior to December 26, 2019, and left knee instability from December 26, 2019 forward. The reasons are that further VA examination is needed due to a deficiency in the July 2021 VA examination report.

The Veteran's left knee disability has worsened, and a new VA examination is required to evaluate the current severity of her condition.

The Board has remanded the cases for additional development due to unclear opinions regarding the etiology of the Veteran's low back and left knee disorders, as well as whether his service-connected left leg neuritis caused or aggravated these conditions.

The Veteran's appeal involves multiple issues related to his hip, knee, and ankle conditions. The Board has determined that additional development is necessary due to the need for private medical records and an addendum opinion regarding the relationship between service and these conditions.

The Veteran's service-connected PTSD results in occupational and social impairment with reduced reliability and productivity, warranting a 50% disability rating. The right knee status post total knee replacement and left knee osteoarthritis are not related to service.

The Veteran's service-connected tinnitus and disabilities of the knees and low back have prevented him from participating in a substantially gainful occupation since July 19, 2012. The Board has granted a TDIU for this period.

The Board has remanded the case for additional development, including obtaining service treatment records and a new VA examination to determine if the Veteran's right and left knee disabilities are related to his active duty service.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The claims are remanded for a VA examination to address whether her right hip and left knee disabilities are at least as likely as not proximately due or aggravated by her service-connected lumbar spine disability.

The Veteran withdrew his appeals for increased ratings and service connection, effectively dismissing all issues.

The Board has determined that the VA's remand instructions were not substantially complied with, and thus the claims for service connection of right and left knee disorders are being returned to the RO for further development.