Knee decisions — 2022

The Veteran's right knee disabilities, including limitation of flexion and extension, as well as instability, are currently rated at the lowest possible levels. The Board has determined that none of the criteria for higher ratings have been met.

The Veteran's right knee condition has been rated at 10 percent for painful scars and 30 percent for instability since January 20, 2015. The Veteran also received a separate 60 percent rating from January 1, 2021 to January 27, 2021 for chronic residuals of right knee replacement.

The Board has ordered additional VA examinations to determine the nature and etiology of the Veteran's claimed low back, left knee, and right knee disabilities. The examination results will be used to decide if these conditions are related to service.

The Board has remanded the claims for service connection due to an undiagnosed illness or medically unexplained chronic multi-symptom illness associated with service in Southwest Asia during the Persian Gulf War. The new opinion must address whether both the etiology and pathophysiology of the conditions is understood.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of evidence. The issues include his back/spine disability, depression, erectile dysfunction, memory loss, dizziness/unbalance disability, bilateral upper extremity disabilities, bilateral lower extremity disabilities, bilateral knee arthralgia, and tinnitus.

The Board has remanded the Veteran's claims for hypertension and a right knee condition due to incomplete records and failure to comply with prior remand instructions.

The Board denied the Veteran's claims for service connection for bilateral knee disability and left ankle disability, finding that there was no evidence of a current disability related to service. The claim for TDIU was also denied as the Veteran could perform sedentary labor despite his service-connected disabilities.

The Veteran's claims for an initial rating in excess of 10 percent for his right knee disability and service connection for left ear hearing loss were denied. The Board also found that the Veteran's claims for secondary service connection for bilateral ankle, foot, hip, and shoulder disabilities required additional development.

The Board has denied the Veteran's claims for service connection for bilateral pes planus, right knee condition, and left knee condition. The Board found that the Veteran's pre-existing bilateral pes planus was not aggravated by active duty service and his current right and left knee conditions are not related to any in-service injury or disease.

The Board denied service connection for left shoulder, right shoulder, cervical spine, lumbar spine (claimed as scoliosis), left knee, and right knee disabilities. The Veteran's claim of deviated septum was also denied.,Service connection was not granted for any of the claimed conditions due to lack of evidence linking them to active service.

The Board has denied the Veteran's claims of service connection for left knee, right knee, acquired psychiatric disorder (PTSD, anxiety, and/or depression), and left shoulder disabilities. The Board found no evidence linking these conditions to his military service or a service-connected disability.

The Veteran's right knee tendonitis with retropatellar pain syndrome is rated at 10 percent, the maximum rating available under Diagnostic Code 5260. The Board finds that his symptoms do not warrant a higher rating.

The claim for service connection for bilateral hearing loss was denied due to lack of current disability. The claim for left lower extremity radiculopathy was denied as part of the January 2003 rating decision, which is final. The claims for vertigo and sunburn scars were addressed in the August 2016 rating decision.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to August 14, 2017.

The Veteran's tinnitus claim has been reopened and granted.,Diabetes mellitus, hypertension, bilateral upper extremity neuropathy, and headaches have not been found to be related to service.

The Board has remanded the claims for entitlement to a rating in excess of 10 percent for right knee degenerative osteoarthritis and service connection for bronchitis due to incomplete development.

The Veteran's initial claim for a compensable rating for his right hand fifth finger disability was denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.,The Veteran's low back and right knee disabilities were remanded for additional development to address causation, secondary service connection, and functional impairment.

The Board has determined that the Veteran's left knee bipartite patella is a congenital defect and not subject to superimposed disease or injury during service, thus denying service connection for his left knee disability.

The Veteran withdrew his appeal for an increased rating of left knee patellofemoral syndrome with meniscectomy, and the Board dismissed the case as a result.

The Board has granted service connection for right and left knee disabilities, as well as gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA).,All four claims were reopened due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claims.