Knee decisions — 2022

The Veteran's service-connected disabilities, including his bilateral knee and foot conditions, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Veteran withdrew his appeals for the issues of increased ratings for pseudofolliculitis (PFB), bilateral plantar fascitis, and right knee patellofemoral pain syndrome.

The Veteran's right hip disorder is granted on a secondary basis to his service-connected right knee disorder. The Veteran also receives separate ratings for his right knee instability and limitation of flexion prior to November 22, 2021.

The Veteran's TDIU claim for the period from January 22, 2019 to April 2, 2021 is granted. The claims for increased ratings of left knee strain and instability are remanded.

The Board has decided to remand the case for additional development, including obtaining an examination and opinions regarding the etiology of the left knee condition.

The Board has remanded the Veteran's claims for a disability rating in excess of 30 percent for left knee arthroplasty and SMC at the housebound rate from January 1, 2016 due to outstanding VA treatment records and an updated examination being necessary.

The Board has determined that the Veteran's right knee disability began during his active service and grants the claim for service connection.

The Veteran's right knee internal derangement with traumatic arthritis prior to September 22, 2015, did not meet the criteria for an evaluation in excess of 20 percent.,The Veteran's right knee instability prior to September 22, 2015, did not meet the criteria for an evaluation in excess of 10 percent.,Since November 1, 2016, the Veteran's residuals from a total right knee arthroplasty have met the criteria for a 60 percent evaluation.

The Veteran's left knee surgery performed on July 28, 2006 required convalescence for at least six months. The Board granted a temporary total evaluation of 100% from October 1, 2007 to February 29, 2008.

The Veteran's bilateral knee disabilities have been rated based on their current functional limitations, with no higher ratings granted due to the severity of his symptoms and the established criteria for rating these conditions.

The Board has determined that additional records are needed and a VA examination is required to determine the etiology of various disabilities, including MRSA, legal blindness, gout, lower back disability, left knee, right knee disability, memory loss, prostate cancer, lymphoma, and bilateral hammer toes. The Veteran's claims for compensation under 38 U.S.C. § 1151 for MRSA are also remanded.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to inadequate compliance with previous remand directives and the need for a VA medical opinion addressing whether his service-connected bilateral knee conditions caused or aggravated his obesity, which in turn led to his OSA.

The Veteran's initial increased ratings for right and left knee disabilities, other than temporary total convalescence periods, are denied as his range of motion does not meet the criteria for a higher rating under Diagnostic Code 5260.

The Board has remanded the Veteran's claims for service connection for left and right knee disabilities due to inadequate examination and missing treatment records.

The Veteran's claim for service connection of a right knee disability has been reopened, but the claims for bilateral shoulder disorder and acquired psychiatric disorder (PTSD) have been denied.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, right and left knee disabilities, and rheumatoid arthritis (claimed as radiculopathy of the right and left lower extremity), have contributed to his need for regular aid and attendance. The Board has granted entitlement to SMC at the (l) level based on the Veteran's need for regular aid and attendance of another person due to his service-connected disabilities.

The Veteran's right and left knee degenerative joint diseases are rated at 20 percent from the specified dates, with no higher ratings granted for instability.

The Board has remanded the Veteran's claims for service connection for various disabilities due to inadequate examination and opinion regarding the nature and etiology of his claimed conditions.

The Board has remanded the claims for service connection for a left knee disability and for increased ratings for total right knee replacement due to new evidence submitted by the Veteran. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for further development. The issues include arthritis, hearing loss, cold weather injuries, hemorrhoids, hiatal hernia, GERD, hepatitis C, erectile dysfunction, carpal tunnel syndrome, and a psychiatric disorder.