Knee decisions — 2022

The Veteran's low back disability is rated at 20 percent from October 31, 2018 to June 13, 2021. The initial rating in excess of 20 percent for degenerative arthritis and stenosis of the spine has been denied. An initial evaluation in excess of 10 percent for right knee limitation of flexion and tendinopathy (instability) has also been denied.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his right and left knee disabilities, hypertension, lumbar degenerative disc disease, and asthma. The claims are being returned for further development.

The Veteran's right shoulder, left shoulder, and right knee disabilities are all granted as service-connected.

The Veteran's claim for an increased rating of left knee osteoarthritis and patellofemoral pain syndrome is denied. The Board finds that the evidence does not support a higher evaluation than 10 percent, as the flexion limitation is at most to 120 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5260.

The Board has denied service connection for a back disability, bilateral upper and lower extremity radiculopathy, and right knee disability. The claim of service connection for an acquired psychiatric disorder (to include PTSD) is remanded due to the expansion of the claim to include any psychiatric disability. The claim of service connection for bilateral upper and lower peripheral neuropathy is also remanded.

The Board has granted the Veteran's claim for service connection for right knee osteoarthritis, finding that it is proximately due to or aggravated by his service-connected left knee disability.

The Board has remanded the Veteran's claims for right knee degenerative joint disease and subluxation due to inadequate medical opinions regarding range of motion measurements after repeated use over time and during flare-ups. The claims are being returned to the RO for further development.

The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.

The Board has remanded the cases for further review due to new evidence received since the May 2020 supplemental statements of the case.

The Veteran's appeal is remanded due to the need for a retrospective opinion regarding additional functional loss during flare-ups prior to his total knee replacement.

The Board has remanded the issue of service connection for obstructive sleep apnea due to a new theory of entitlement raised by the Veteran, contending that his sleep apnea is proximately due to obesity caused by his service-connected disabilities. The VA failed to receive any examinations or opinions regarding the relationship between these conditions and the Veteran's obstructive sleep apnea and failed to determine whether any of these conditions led to the Veteran's obesity which caused or aggravated his sleep apnea.

The Board dismissed all appeals related to the veteran's service-connected conditions, including those for right knee osteoarthritis, degenerative disc disease with lumbar spine issues, left hip strain, and pelvis fracture. The appeal was also dismissed regarding TBI-related headaches and a total disability rating due to individual unemployability.

The Veteran's claims for increased ratings for right knee injury and pilonidal cyst status post-surgical removal scar were denied. The rating for the right knee was denied as it did not meet the criteria for a higher rating, while the rating for the pilonidal cyst scar prior to November 26, 2019, was also denied.

The Board has remanded the cases of sleep apnea, right knee disability, and diabetes for further development due to inadequate opinions from VA examiners.

The Veteran's initial claim for a higher rating for his service-connected left knee torn medial meniscus and patellofemoral syndrome was denied. A separate initial rating of 10 percent for limitation of extension motion is granted effective February 16, 2012, and a separate initial rating of 10 percent for limitation of flexion motion with clinical findings of arthritis is granted effective September 9, 2021.

The Board has not fully addressed whether the Veteran's stress fractures of her knees and feet should be rated as four separate disabilities rather than two, nor whether she is entitled to separate compensable ratings for other foot disabilities. The case is being remanded for further development.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and failure to address the Veteran's lay statements regarding his symptoms since discharge from service.

The Board has granted service connection for a right shoulder disability and denied service connection for right and left knee disabilities. The Veteran's claim for a higher rating for his left shoulder disability was also denied.

The Board has remanded the cases for further action due to the need to issue a Statement of the Case (SOC) and provide the Veteran with an opportunity to perfect his appeal.

The Veteran's right lower extremity peripheral neuropathy is currently rated at 20 percent, but the Board finds that this rating is not warranted based on his symptoms and examination findings.,For left knee osteoarthritis, the current 10 percent rating is maintained as there is no evidence of more severe impairment.