Knee decisions — 2022

The Veteran's petition to reopen the previously disallowed claim of entitlement to service connection for gout was dismissed.,The Veteran's petitions to reopen the previously disallowed claims of entitlement to service connection for sleep apnea, arthritis of the right knee, arthritis of the bilateral ankles, painful neck, and PTSD were granted.

The Veteran withdrew her appeals for increased ratings of her psychiatric disability and bilateral knee flexion, extension, and instability claims. As a result, the appeal is dismissed.

The Board has remanded the cases of right knee pain, bilateral hearing loss, and back disability due to inadequate medical examinations. The Veteran must be provided with new VA medical examinations to determine the etiology of these conditions.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including bilateral hearing loss, degenerative arthritis of the knees, and psychiatric conditions. The issues include seeking higher ratings for these conditions and determining if the Veteran is entitled to a TDIU due to his service-connected disabilities.

The Veteran's claims for service connection for right and left knee disorders, as well as a neck disorder, are remanded due to the need for additional medical opinions regarding their etiology. The Veteran also has an ongoing claim for lumbar degenerative disc disease which is granted.

The Board has remanded the claims for service connection due to conflicting medical evidence and a need for further examination.

The Veteran's claims for an increased disability rating for his MCL repair/post-traumatic DJD of the left knee and TDIU are remanded due to inadequate examination findings.

The Board has remanded the Veteran's claims for increased ratings for left knee instability and limitation of flexion due to inadequate examination in March 2022. The Veteran was not prejudiced by the examiner's comments regarding use of a brace or relationship between instability and painful motion.

The Veteran's neck disorder, PTSD, and right knee disorder are all granted service connection. The right knee disorder is remanded for further examination.

The Veteran's claim for an increased rating for left knee instability is being remanded due to the need for a new VA examination to assess the current severity and impact of his condition, particularly in light of the Joint Motion for Partial Remand (JMPR).

The Board has remanded the cases for further development and consideration due to inadequate VA examinations without discussing whether a retrospective medical opinion was necessary.

The Veteran's appeal for an increased evaluation in excess of 20% for his left shoulder disability was dismissed. The Board granted a 20% rating for the right knee disability prior to August 23, 2012 and from December 31, 2012 to April 2, 2014.

The Veteran's claims for increased evaluations of his left knee and left ankle disabilities are being remanded due to inconsistencies in the examination reports. The case is also remanded for a determination on whether he should be granted TDIU based on these service-connected conditions.

The Veteran's claims for service connection have been denied due to lack of new and material evidence. The liver disability claim is also denied as the evidence does not support a causal relationship with military service.

The Board has dismissed all appeals due to the Veteran's withdrawal of his claims.

The Veteran's right and left knee disabilities have been granted increased ratings, with the exception of issues related to separate compensable ratings for patellar chondromalacia and DJD. The issue of SMC based on need for aid and attendance has also been remanded.

The Board has remanded the case due to a duty-to-assist error in obtaining an adequate examination report prior to the March 2019 rating decision. The Veteran's lay statements regarding symptoms of instability and pain are unclear, and a retrospective opinion is needed to determine if these symptoms align with either meniscus removal or knee instability.

The Veteran's left knee disability, including post-surgery instability and osteoarthritis, has not met the criteria for a higher rating since October 14, 2014.

The Veteran's combined disability rating was properly calculated using the Combined Ratings Table, resulting in a 70 percent rating. The left shoulder rotator cuff tendinopathy grant did not change the overall 70 percent rating.

The Board has remanded the Veteran's claims for service connection for left and right knee disorders due to insufficient evidence in the record, including a lack of medical nexus between his current knee conditions and his military service.