Knee decisions — 2022

The Board has decided to remand the claims for service connection due to missing private treatment records and a need for supplemental medical opinions. The Veteran's complaints of hip, knee, and post-herpetic neuralgia will be evaluated in light of his service history and any new evidence.

The Veteran's painful right knee scar is now rated at 10 percent, and his hypertension is granted service connection.,Obstructive sleep apnea remains in dispute as the appeal has been remanded.

The Veteran withdrew his appeals for increased ratings and service connection claims, including those related to pes planus, left wrist disorder (including CUE in a prior rating decision), bilateral knee disabilities, and asthma. The Board dismissed the cases as a result.

The Veteran's claims for service connection for various disabilities, including bilateral hearing loss and back disability, have been remanded due to the need for additional evidence. The appeals are not granted in full.

The Board has granted service connection for right knee and hip disabilities, as well as migraines, all secondary to the Veteran's service-connected right ankle disability. The TBI claim is denied.,Service connection was established for right knee and hip disabilities due to an altered gait caused by a service-connected right ankle injury. Migraines are considered a continuation of pre-existing conditions.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed to determine if his lumbar spine, cervical spine, knee, shoulder, and ankle disabilities are related to service.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for a right knee disability (arthritis). The decision was based on conflicting medical opinions supporting both an in-service injury and post-service car accident as potential causes of the Veteran's current condition.

The Board has decided to remand the Veteran's claim for service connection of right knee disability due to inadequate examination and failure to address lay statements.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling examinations.

The Board has remanded the Veteran's claims for higher evaluations of his service-connected left knee, right knee, and right ankle disabilities. Additionally, the TDIU and automobile allowance claims are also being remanded due to the need for additional development.

The Veteran's service-connected disabilities, including GERD, left and right knee arthritis, left great toe bunionectomy residuals, tinnitus, right wrist surgery residuals, right thumb strain, and right hallux valgus, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU and established basic eligibility for Dependents' Educational Assistance.

The Veteran's request to withdraw his right wrist disability claim has been accepted. The Board finds that the Veteran does not have a current hearing loss disability in his left ear, and therefore service connection for left ear sensorineural hearing loss is denied.,Service connection for right ear sensorineural hearing loss is granted based on continuity of symptomatology since service. However, the Board has remanded to obtain clarification regarding whether the Veteran currently has a hip or knee disability.

The Veteran's left knee disability is granted as secondary to his service-connected right knee disability. The Veteran is granted an initial 60 percent rating for his total right knee replacement from May 1, 2017 to January 28, 2021, and from March 8, 2021. TDIU prior to January 24, 2014 is denied.

The Board has dismissed the appeals for increased ratings greater than 30 percent for each knee on and after May 6, 2021. The remaining issues of increased ratings for lumbar spine degenerative arthritis with a lumbar strain, status post anterior fusion; initial rating greater than 20 percent for RIGHT lower extremity radiculopathy prior to December 10, 2019 and on and after December 10, 2019; and temporary total rating under the provisions of 38 C.F.R. § 4.30 following lumbar spine surgeries have been remanded for further development.

The Veteran's right knee disability, including chondromalacia and lateral instability, is currently rated at 10 percent disabling. The Board denied a higher rating as the evidence does not support an increase in disability beyond what is already reflected in the current rating.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, qualifying him for SMC based on aid and attendance.,Due to his service-connected disabilities, the Veteran is eligible for specially adapted housing as he requires assistance with daily living activities.

The Veteran's claim for service connection for sleep apnea has been denied as there is no current diagnosis of the condition. The Board finds that remand is necessary to obtain a VA examination and additional private treatment records related to his lower back disability, bilateral shin splints, and left knee disability.

The Veteran's claim of service connection for a left knee disorder as secondary to his service-connected right knee disability is granted.

The Board has remanded the cases of service connection for a thoracolumbar spine disorder and a left knee disorder, as well as the issue of entitlement to TDIU prior to May 21, 2021. The claims are being returned due to failure to obtain requested opinions.

The Board denied the veteran's claim for nonservice-connected pension benefits because he did not have qualifying wartime service, and thus does not meet the basic eligibility criteria.