Knee decisions — 2022

The Veteran's claims for carpal tunnel syndrome of the left arm, hypertension, and gastroesophageal reflux disease (GERD) have been denied. The Board has found that there is no current diagnosis or evidence linking these conditions to service.,Service connection for bilateral knee disability and lumbar spine disability is remanded as VA was unable to obtain the Veteran's outstanding treatment records.

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for additional examination and testing.

The Veteran's appeal is remanded for additional development, including obtaining records from Social Security Administration and relevant private treatment records. The issues include service connection for a skin disability (psoriasis), rating for left knee disability prior to August 18, 2020, rating for left knee disability since August 18, 2020, and a separate rating for left knee meniscal condition with frequent episodes of pain, locking, and swelling from November 12, 2019.

The Veteran's service-connected disabilities, including chronic kidney disease and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to January 27, 2021. From that date, his combined disability rating was 100 percent due to the combination of all his service-connected conditions.

The Veteran's service connection claims for sleep apnea, degenerative disc disease of L3-L4 with associated spinal stenosis, patellofemoral degenerative joint disease of the right knee, and patellofemoral degenerative joint disease of the left knee (with painful motion) have been denied. The Veteran's back disability is currently rated at 20 percent.

The Veteran's right and left knee pain have been granted service connection.,PTSD was also granted service connection, but the Veteran is not entitled to an initial rating higher than 30 percent prior to August 20, 2016.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or at the housebound rate as he does not have anatomical loss of both feet, one hand and one foot, or blindness in both eyes with 5/200 visual acuity. Additionally, his condition is not so severe that it requires assistance from another person to attend to daily activities.

The Veteran's right tibia and fibula disability was not characterized by malunion of the tibia and fibula with marked knee or ankle disability (prior to February 1, 2021); malunion of the tibia manifested by MTSS, or shin splints, requiring treatment for no less than 12 consecutive months, and unresponsive to surgery and either shoe orthotics or other conservative treatment, both lower extremities (since February 1, 2021); or flexion limited to 15 degrees or extension limited to 20 degrees. Therefore, a disability rating in excess of 20 percent is not warranted.

The Veteran's right ankle disability is being remanded for a new examination to assess the current nature and etiology of his service-connected condition, including instability issues.,Bilateral knee conditions are also being remanded for a new VA examination to determine if they are related to the service-connected right ankle disability or if they were incurred in service.

The Veteran's service-connected disabilities, including bilateral hearing loss, have rendered him unable to secure or follow any form of substantially gainful employment. As a result, the Board has granted TDIU effective September 30, 2021.

The Veteran's claim for TDIU prior to February 2, 2018 is remanded due to a duty to assist error. The secondary service connection claims for bilateral hip and ankle disabilities are also pending.

The Veteran's left knee disability is denied as not service-connected.,PTSD was granted with initial evaluation of 50% prior to July 16, 2019 and increased to 70% from that date. The Veteran's DDD of the lumbar spine remains at a maximum 20% rating.

The Veteran's appeals for increased evaluations and service connection have been withdrawn. The Board has remanded several issues related to the Veteran's back, psychiatric disabilities, hip, shoulder, knee, and other conditions.

The Board has denied service connection for various conditions including bilateral hearing loss, hypertension, coronary artery disease (claimed as a heart condition), diabetes mellitus, type II, kidney disability, cervical spine disability, back disability, right hip disability, left hip disability, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, right ankle disability, left ankle disability, right foot disability, left foot disability, and right knee disability. The Board found no evidence of in-service onset or relationship to service for these conditions.

The Board has remanded the claims for service connection for left knee degenerative arthritis, right knee degenerative arthritis, and left ankle sprain-remote due to duty-to-assist errors in obtaining adequate VA examinations prior to the June 2022 rating decision.

The Veteran's claims for service connection have been denied as new and relevant evidence has not been submitted to reopen the claims.

The Board dismissed the appeal for service connection of a left knee condition due to the appellant's withdrawal of her appeal.

The Veteran's tinnitus, right knee disability, and anxiety disorder have been granted service connection. The Veteran's right ear hearing loss, left ear hearing loss, low back disability, and hypertension have not met the criteria for a compensable rating.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and left knee strain with patellofemoral pain syndrome due to an inadequate VA examination in December 2019. The appeal is returned to the Board for further development.

The Board has remanded the case due to a finding of pre-decisional duty to assist error, specifically regarding the Veteran's right knee disability and coronary artery disease. The examiner is required to obtain a history of the Veteran's job duties prior to his retirement in November 2014 and assess their impact on his ability to work.