Knee decisions — 2022

The Veteran's tinnitus has been found to be related to his military service, and thus granted.,Bilateral hearing loss was not shown during service or post-service, and is denied.

The Board has granted service connection for a left knee disability, but denied service connection for a gastrointestinal (GI) disability and remanded the issues of service connection for lumbar spine and right knee disabilities.,Service connection is granted for the Veteran's left knee disability. The Board found that the evidence was at least in equipoise as to whether the Veteran's current left knee condition is related to his fall during service.

The Veteran's right knee instability and flexion limitation are now rated at 20% effective from November 13, 2008 to October 29, 2014. Effective December 1, 2015, the Veteran is granted a 60% rating for his right knee replacement residuals.

The Board has granted separate 10 percent ratings for left and right knee disabilities based on instability, but denied higher ratings for limitation of motion or other impairment.

The Board has remanded the Veteran's claims for bilateral knee disorders due to insufficient examination reports and failure to address all evidence of record, including lay statements and private medical opinions.

The Board has remanded the claims for further development due to inconsistencies in the Veteran's statements regarding his right knee disability and instability.

The Board has remanded the cases of service connection for right and left knee disabilities due to insufficient medical opinion in the October 2020 VA examination.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran's tinnitus is found to prevent him from obtaining or maintaining a substantially gainful occupation, warranting referral for extraschedular consideration.

The Veteran's service-connected disabilities did not render him so helpless as to need regular aid and attendance of another person, nor were they sufficient to qualify for SMC based on housebound status or the need for regular aid and attendance.

The Veteran's appeals for service connection and increased ratings for various conditions have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away during their pendency.

The Veteran's TDIU claim is granted with an effective date of July 27, 2012. The right foot sprain rating is denied. A temporary total rating for left knee surgery is granted from August 22, 1990 to November 1, 1990. Chronic constipation is rated at 10 percent effective July 12, 2012. Limitation of flexion of the left and right knees are denied. The Veteran's need for aid and attendance is granted. Service connection for hypertension is remanded.

The Veteran's appeal for increased ratings on multiple conditions has been dismissed.,No effective date was granted or changed.

The Veteran's service connection claim for sleep apnea has been granted. The Board finds that his currently diagnosed obstructive sleep apnea began during his active duty service and grants the claim. Other issues related to right hip, left knee, right knee, left shoulder, right shoulder, and low back disabilities are remanded due to inadequate VA examination records.

The Board has ordered remand for the Veteran's claims of increased ratings for his bilateral knee iliotibial band friction syndrome and service connection for a low back condition due to potential lack of recent VA examinations.

The Board has decided to remand the Veteran's claims for service connection for low back, right knee, left knee, sinus, and sleep apnea conditions due to inadequate explanations in the medical opinions provided. The cases are being returned for further development.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for right knee chondromalacia with osteoarthritis status post ACL repair and for a disability rating in excess of 10 percent for right knee limitation of motion prior to March 15, 2016. The remand also includes the issue of total disability based on individual unemployability (TDIU).

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical records, authorization of non-VA treatment records, and a more contemporaneous examination for his fibromyalgia.

The Board has decided to remand the Veteran's claims for bilateral knee conditions, bilateral foot conditions, PTSD and TBI residuals due to insufficient evidence regarding the etiology of these conditions. The AOJ is instructed to obtain updated treatment records, verify service in Iraq, and schedule VA examinations to determine the nature and etiology of the Veteran's claimed conditions.

The Veteran's appeal is remanded for additional examinations to determine the current severity of his service-connected right knee strain and PTSD with depressive disorder, as well as for VA treatment records from January 2017 to the present.

The Board has remanded the Veteran's claims of service connection for arthritis and limitation of the hand/thumb, an acquired psychiatric disorder, and a left knee disability due to additional development being needed.