Knee decisions — 2022

The Veteran's appeal for Hepatitis C has been dismissed as he withdrew his appeal prior to the issuance of a decision.,The claims for low back, left knee, right knee, and right ankle disorders have been reopened due to new and material evidence.

The Veteran's claim for an increased rating for left knee strain was denied. A separate 10 percent disability rating for left knee instability is granted effective November 6, 2018.

The Board has remanded the Veteran's claims for cervical DDD/DJD and radiculopathy of the right upper extremity associated with cervical DDD and DJD due to service, as well as any aggravation by his service-connected bilateral knee disability. The claims are being returned for further development.

The Veteran's increased rating claims for right knee disability, right knee instability, and lumbar spine disability are being remanded due to the need for additional evidence and a new examination.

The Board has determined that the March 2019 VA examination is inadequate and remanded for an opinion on whether the Veteran's right knee arthrofibrosis was caused by or aggravated by VA treatment, including delayed physical therapy.

The Veteran's residuals of a punji stick injury to the left hand and left knee disability are granted as service-connected.,The right knee disability is remanded for further review.

The Veteran's appeals for service connection on all issues have been dismissed due to her withdrawal of the appeal.

The Veteran's claim for service connection for surgical scars of the abdomen was denied as there was no evidence of such scars during service or linked to his military service.,The Veteran's right knee medial collateral ligament sprain with mild instability and limitation of flexion were not rated higher than 10 percent, as they did not meet criteria for more severe conditions.

The Veteran's claims for increased ratings for his service-connected adjustment disorder with alcohol use, lumbosacral spine disability, left knee disability, and left knee scar are being remanded due to the need for additional development of medical records.

The Veteran's TDIU and DEA eligibility are granted effective January 1, 2017. The decision is based on the Veteran's service-connected disabilities impacting his ability to secure and follow a substantially gainful occupation.

The Veteran's appeal for a higher rating for his service-connected right knee disability is remanded due to inadequate VA examinations and the need for additional evidence.

The Veteran's claim for an increased rating in excess of 10 percent for left knee patellofemoral syndrome, status post-patellar replacement with surgical scars is remanded due to discrepancies regarding the current severity and extent of his condition.

The Veteran's lumbar spine, right knee, left shoulder, and right ankle disabilities are all rated lower than the maximum allowed. The Board has remanded these cases for further development.

The Board denied service connection for low back, right knee, and left knee disabilities due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has determined that the Veteran does not have a current disability for VA compensation purposes in relation to his claimed conditions, and thus service connection is denied.

The Board has granted service connection for right knee osteoarthritis status post right knee arthroplasty as secondary to a service-connected left knee disability. The Board has also remanded the issue of service connection for gastrointestinal condition other than IBS with diverticulosis and resection of large intestine associated with H. Pylori infection.

The Board dismissed the Veteran's appeals for increased ratings and service connection claims due to his withdrawal of appeal, except for a full grant of GERD service connection.

The Board denied the Veteran's claims for increased ratings for his left knee conditions, finding that he is not entitled to a rating in excess of 10 percent for limitation of motion and granted separate 20 percent ratings for dislocation of semilunar cartilage and recurrent instability. The effective date remains pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to September 25, 2012, as there was no pending appeal or claim at that time and the evidence did not show the Veteran was unemployable during the year prior to the date of claim.

The Veteran's claim for payment or reimbursement of medical expenses incurred on January 1, 2014 at Central Peninsula Hospital and North Star Medical Imaging is denied because the treatment was not provided in an emergency department, did not meet the criteria for emergency treatment under 38 U.S.C. § 1725, and there were no service-connected disabilities or medical emergencies that necessitated the private hospital care.