Knee decisions — 2022

The Board has found a pre-decisional duty to assist error and has ordered the development of a supplemental VA medical opinion to address both direct service connection and secondary service connection by aggravation.

The Veteran's hypertension is presumed to be associated with herbicide exposure while stationed at the Royal Thai Air Force base in U-Tapao, Thailand. Service connection for BPH and left knee injury are remanded due to insufficient evidence.

The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ's failure to address his assertion regarding the adequacy of the 2019 VA examination, secure outstanding records from his knee treatment visits, and consider all pertinent evidence in the record.

The Board has remanded the Veteran's claims for pes planus, right ankle disability, left ankle disability, right knee disability, and sinusitis due to insufficient detail in the previous VA examination opinions.

The Veteran's claims for higher ratings for his right and left knee disabilities have been denied as the evidence does not support a rating in excess of 10 percent.

The Veteran's appeals for increased ratings and service connection were dismissed. The appeal for service connection of mixed anxiety with depressive disorder was granted.

The Veteran's sleep apnea is granted as service connected. The ratings for her knee and ankle disabilities are remanded due to inadequate examination findings.

The Board has decided to remand the cases for further development and consideration due to the need for updated VA examinations of the Veteran's lumbar spine and bilateral knee disabilities.

The Board has denied an increased rating for bilateral hearing loss and compensation under 38 U.S.C. § 1151 for a right shoulder condition, but granted service connection for a low back condition. The remaining issues have been remanded.

The Board dismissed the appeal seeking service connection for a right knee condition.,The Veteran's claim to reopen his bilateral shoulder condition was granted, but the Board found new and material evidence did not relate to an established fact necessary to substantiate the claim.

The Veteran is entitled to a TDIU on an extraschedular basis due to his service-connected disabilities, effective June 1, 2011.

The Board has determined that the Veteran's right knee disability is not service-connected due to lack of evidence linking it to his in-service injuries and because he remains active post-service. The case is being remanded for further development.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including cervical spine, right shoulder, left knee, and right ankle conditions. The issues are related to whether these conditions were caused or worsened by his military service.

The Veteran's left knee disability, specifically limitation of flexion and extension, has been granted a separate 10 percent rating from April 17, 2012.

The Board has determined that additional evidence is needed to determine the existence and etiology of several service-connected conditions, including hypertension, left knee disorder, aching joints, tinnitus, skeletal arthritis of the entire joint system, left elbow disorder, bilateral eye disorder (including sensitivity to light), right knee disorder, bilateral hip disorder, low back disorder, bilateral hearing loss, sleep apnea, an acquired psychiatric disorder (including PTSD and bipolar disorder), right elbow disorder, and headache disorder. The Veteran's claims are being remanded for further development.

The Board has granted a 20 percent rating for left knee instability since February 7, 2021. The Veteran's left knee strain is rated at 10 percent.

The Veteran's petition to reconsider the claims for service connection for tinnitus, bilateral hearing loss, right knee disability, left knee disability, left ankle disability, and right ankle disability is granted. The cases are remanded for further examinations and determinations regarding the etiology of these conditions.

The Board denied service connection for right elbow, left elbow, and right knee joint pain as there was no evidence of a current disability or a link to service. The Veteran's TDIU claim was also denied due to the lack of sufficient evidence showing he is unemployable by reason of his service-connected disabilities.

The Board has remanded the Veteran's claims of service connection for left knee and neck disabilities due to lack of substantial compliance with previous remand directives.

The Veteran's claim of service connection for a gastrointestinal disability including GERD has been reopened and is granted.,Service connection for the Veteran's bilateral knee disability remains denied.