Knee decisions — 2022

The Board has decided to remand the case due to insufficient examination and medical opinions, requiring additional development including a new VA examination with an orthopedic specialist.

The Board has remanded the case due to inadequate prior VA knee examinations, and a new examination is requested.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Veteran's MDD was granted an effective date of April 22, 2011, as secondary to his service-connected right knee disability. The Board also remanded several issues related to the Veteran's bilateral knee disabilities.

The Board has remanded the Veteran's claims for right knee, back, and neurological disabilities due to potential issues with causation or aggravation by a service-connected left knee disability. The case is returned for further development.

The Veteran's left knee was granted a 20 percent rating for limitation of extension, effective January 13, 2022. The claim for an initial rating in excess of 20 percent for limitation of extension is denied.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, and a right knee condition due to insufficient medical opinions regarding their etiology.

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board has remanded the Veteran's claims for service connection for right and left knee disabilities due to inadequate medical opinions in previous decisions. The claims are now pending again with the VA.

The Veteran's left knee disability is currently rated at 30 percent, effective August 30, 2022. The claim for a higher rating remains pending and will be remanded.

The Board has determined that the Veteran's left knee condition is related to an in-service incident and granted service connection for this condition.

The Board has remanded the case for further development and an addendum opinion regarding the Veteran's right knee condition. The lower back condition issue remains pending.

The Board has granted service connection for right knee strain and lumbar spine strain, finding that the evidence is at least evenly balanced in favor of these conditions having onset during active duty service.

The Board has remanded the Veteran's claims for service connection for various joint disabilities due to outstanding private treatment records and SSA records not being available.

The Veteran's appeal for an increased rating for a left ankle disability and TDIU was denied. The Board found that the evidence did not support a higher rating for the left ankle disability, as it only met moderate limitation of motion criteria. For TDIU, the Veteran's service-connected disabilities (left knee instability, left knee chondromalacia patella, and left ankle disability) precluded him from securing or following substantially gainful employment.

The Veteran's left knee disability is related to service and the claim for service connection for this condition is granted. The issues of service connection for left hand, low back, and bilateral foot are remanded.

The Veteran's hypertension is granted as due to herbicide agent exposure, and the Board finds that his left and right knee conditions are related to service. The issues of service connection for a left knee condition and a right knee condition are remanded.

The Board has remanded several claims for further examination and review, including those related to left knee, shoulder, back, ear hearing loss, tinnitus, and diabetes mellitus disabilities. The issues are all secondary to service-connected conditions.

The Veteran's claim for an earlier effective date and higher rating for right knee disability was denied. The Board found no basis to grant either the earlier effective date or a higher rating.

The Veteran's claim for a higher rating for left knee instability, flexion limitation, and extension limitation is granted with a 20% rating effective from February 7, 2021. The claim for meniscal tear remains pending.