Knee decisions — 2022

The Board has granted the Veteran's requests to reopen his claims for service connection for various shoulder, wrist, knee, and hamstring disabilities. The issues of rating in excess of 10 percent for left and right ankle arthritis have also been remanded.

The Board has remanded the cases of service connection for left and right knee arthritis due to failure to substantially comply with a previous remand order.

The Board has decided to remand the case due to the need for a new VA examination and consideration of both old and new rating criteria. The Veteran's left knee disability will be evaluated again.

The Board has found that there has not been substantial compliance with the previous remand directives regarding these issues and another remand is required.

The Board denied a higher evaluation for left knee chondromalacia and granted a separate 10 percent evaluation for left knee instability, finding that the Veteran's symptoms did not meet criteria for more severe evaluations.

The Veteran's right thumb disability is currently rated as noncompensable before September 8, 2021 and at a 20 percent rating thereafter. The appeal for an increased rating remains pending.,Service connection has been granted for the Veteran's painful right knee scar and painful right thumb scar, both secondary to their respective service-connected disabilities.

The Veteran's claim for a higher rating for chronic recurrent sinusitis has been denied as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for eustachian tube dysfunction with otitis media (ear condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for left knee degenerative joint disease with residual scars (knee condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for lumbar degenerative disc disease (back condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a TDIU due to service-connected disability has been remanded as the evidence does not show that her service-connected disabilities have rendered her unable to work.

The Veteran's claims for service connection for sleep apnea, bilateral knee disability, and bilateral ankle disability are being remanded due to the need for additional examinations and opinions. Her claim for compensation under 38 U.S.C. § 1151 for a miscarriage is also being remanded.

The Veteran's total left knee replacement is granted as it is at least as likely as not related to service.

The Board dismissed the appeal because the appellant died during the pendency of the case, and there are no surviving eligible persons to continue the appeal.

The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016.,The reduction in disability rating from 20 percent to 0 percent for right upper extremity radiculopathy was improper and the 20 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.

The Board has remanded the case due to inadequate medical opinion regarding the nature and etiology of the Veteran's left knee disability, which may have existed prior to service.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right knee arthritis, right hip arthritis, and left hip arthritis. The evidence is in equipoise regarding whether these conditions are related to military service.

The Veteran's claim for a compensable rating for scars of the left forearm and left hand (pinky finger) has been denied. The claims for increased ratings for chondromalacia patella of both knees have been remanded.

The Veteran's left knee instability is now rated at 20 percent, effective from January 17, 2008. The other conditions remain unchanged.

The Board has determined that the Veteran's current right knee disability is related to service, granting his claim for service connection.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, despite his reported symptoms and limitations.

The Board has denied service connection for bilateral knee disorders, finding that the Veteran's current knee disability is not related to his military service.

The Veteran's service connection claims for hemorrhoids and tinnitus are granted. The Board finds the Veteran has current disabilities, in-service incurrence or aggravation of a disease or injury, and continuous disability since service. Service connection is also granted for left ankle disability. However, the Board remands the cases for additional development regarding left knee disability.

The Veteran's right knee disability, characterized by slight instability, has not met the criteria for a higher rating.