Knee decisions — 2022

The Veteran's claim for a rating in excess of 10 percent for his service-connected left ankle disability has been denied. The Board also remanded the secondary service connection claims for further development.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since July 24, 2013.

The Veteran's death was not due to his own willful misconduct, but he did not meet the criteria for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 as he had less than a ten-year total disability rating at the time of his death.

The Veteran's bilateral tinnitus disability is granted as service connection due to the onset in service and persistence since.,Service connection for bilateral hearing loss, numbness in left hand, right shoulder condition, back condition, left knee condition, right knee condition, left ankle condition, and right ankle condition are remanded for further examination and opinion.

The Board has granted service connection for tinnitus, but the issues of service connection for bilateral hearing loss and right knee disorder are remanded due to insufficient medical opinions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development.,The Veteran's claims for increased ratings and service connection are being remanded due to her failure to report to scheduled examinations.

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for service connection of his right ankle, left knee, lumbar spine, and respiratory disabilities. The issues have been remanded.

The Board has remanded the case due to inadequate examination for adjudicatory purposes and the need to secure outstanding VA treatment records.

The Board has granted service connection for right knee strain as secondary to the Veteran's service-connected left knee tendonitis with Osgood Schlatter's and chondromalacia patella.

The Veteran's claims for service connection of an acquired psychiatric disorder, other than major depressive disorder (MDD), to include posttraumatic stress disorder (PTSD); increased ratings for right ankle and knee disorders; and entitlement to a total disability rating based upon unemployability due to service-connected disabilities are being remanded as the Board finds that there is insufficient evidence regarding the Veteran's claimed psychiatric condition, right ankle and knee disorders, and the occurrence of his reported witnessing of a fellow Marine's death during training.

The Veteran's claims for higher ratings for his left hip and left knee disabilities have been denied. The Board found that the existing ratings under DCs 5252 (for limitation of flexion) and 5253 (for limitation of rotation, adduction, or abduction) are appropriate.

The Veteran's service-connected disabilities, including PTSD, tension headaches, lumbar strain with intervertebral disc syndrome, right lower extremity radiculopathy of the sciatic nerve, right knee strain, and hearing loss, prevent him from securing or following substantially gainful employment.

The Veteran's appeal for increased ratings was denied. The left knee limitation of extension is rated at 30 percent, and the instability rating remains at 30 percent from February 7, 2021 onward.

The Veteran's PTSD, rated at 70 percent disabling from October 20, 2015 to November 17, 2016, did not render him unable to secure or maintain any substantially gainful occupation. Beginning November 17, 2016, the Veteran is in receipt of a 100 percent schedular rating for PTSD and TDIU is moot as his PTSD alone prevents him from securing and following any substantially gainful employment.

The Veteran's service-connected right knee patellofemoral syndrome with degenerative arthritis and recurrent lateral instability are not rated higher than the current assigned ratings for the entire period on appeal.

The Board denied service connection for both right and left knee disabilities, finding no current disability that began during service or is at least as likely related to an in-service injury.

The Veteran's appeal is remanded for further development regarding service connection and TDIU issues. The right ankle disability has been granted a 20% rating, but the other claims remain pending.

The Veteran's appeal is remanded for an addendum VA opinion regarding whether his degenerative arthritis of the left knee is at least as likely as not aggravated by his service-connected right knee disability.

The Board has found that the Veteran does not have a current left ear hearing loss disability for VA purposes. The right ear hearing loss claim is remanded due to incomplete examination and need for an etiological opinion regarding any hearing loss shown during the appeal period.

The Board has remanded the Veteran's claims for right shoulder strain with impingement syndrome and right knee degenerative joint disease due to inadequate VA examination reports regarding the severity of flare-ups. The Veteran is seeking higher disability ratings, but the current evidence does not support a determination on service connection.