Knee decisions — 2023

The Board has remanded the Veteran's claims for right and left shoulder, knee, ulna/radius fracture, wrist compound fracture, lumbar compression fracture with degenerative disc disease, and PTSD. The issues include determining service connection for these conditions and assigning appropriate disability ratings.

The Veteran's claim for a left knee condition has been remanded. Service connection for tinnitus and sinusitis is granted based on presumptive exposure under the PACT Act. The Veteran's claim for rhinitis was denied as he does not have a current diagnosis of this condition. Service connection for OSA, secondary to PTSD, and bilateral plantar fasciitis, secondary to service-connected PTSD, are granted.,The Veteran's left knee condition is pending and will be remanded. The Veteran has established service connection for tinnitus and sinusitis based on presumptive exposure under the PACT Act. Service connection for rhinitis was denied as he does not have a current diagnosis of this condition. Service connection for OSA, secondary to PTSD, and bilateral plantar fasciitis, secondary to service-connected PTSD, are granted.

The claim for a rating in excess of 40 percent for TBI with cognitive and sleep disorder is dismissed.,The claim for an effective date prior to June 26, 2017, for a separate evaluation for headaches, status post TBI is dismissed.,The claim for a rating in excess of 10 percent for tinnitus is denied.,The claims for effective dates prior to October 5, 2006, for the grant of service connection for breathing disability with shortness of breath and PTSD are denied.,The claims for ratings in excess of 20 percent for left shoulder and right shoulder disabilities are dismissed as they were not factually ascertainable within a year prior to June 26, 2017.,The claim for TDIU is dismissed as the Veteran's combined disability rating from June 26, 2017, already meets the criteria for a total disability rating based on individual unemployability.

The Board denied service connection for left knee disability and remanded the issue of service connection for left ankle disability.

The Board has granted service connection for bilateral elbow and right knee disorders, finding that the Veteran's current conditions are related to his active duty service.

The Board has remanded several issues including service connection and rating for various disabilities, as well as the need for additional medical examinations.

The Board denied service connection for a right shoulder disability and hypertension, but granted service connection for left shoulder and left knee disabilities. The claims for hypertension and right shoulder disability are remanded.

The Veteran's appeal of the effective date for tinnitus is dismissed. The claim to reopen his pneumonia service connection is granted, but the case is remanded for further development on all issues.

The Board has remanded the Veteran's claims for bilateral knee disabilities, generalized arthritis other than the spine, and fluid in the bilateral lower extremities due to potential service connection issues. The Veteran is also being asked to clarify his testimony regarding when he began experiencing symptoms of these conditions.

The Veteran's left knee disability, post-total knee arthroplasty (TKA), is rated at the maximum schedular rating of 60 percent from April 1, 2020. The Board has remanded for further development regarding a higher initial rating.

The Veteran's claims for service connection have been reopened and are now pending. The Board has ordered the submission of additional medical opinions to address the etiology of his right knee and right shoulder disorders.

The Veteran's initial compensable rating for the service-connected right knee scars from October 21, 2011 to April 3, 2013 was denied. An initial 20 percent rating and no higher for the service-connected right knee scars from April 3, 2013 to December 20, 2016 was granted. The Veteran's initial compensable rating for the service-connected right knee scars from December 20, 2016 to April 1, 2020 was denied.

The Veteran's claims for cervical spine and lumbar spine disabilities have been reopened, but the Board has determined that service connection is not warranted based on lack of nexus between current disabilities and service. The right hand and left hand disability claims are also remanded due to insufficient evidence.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including PTSD, left shoulder and ankle conditions, knee degenerative joint disease, radiculopathy, skin disorders, cervical spine disability, facial injury residuals, TMJ, sleep apnea, headaches, hand tremors, CFS, fibromyalgia, and muscle and joint pain. The Board finds that additional evidence is needed to properly evaluate these issues.

The Veteran's petition to reopen his previously denied claim for service connection for a lumbar spine disorder was granted. Service connection for the lumbar spine disorder is also granted, with an effective date of October 2018. The issues regarding effective dates for other service-connected disabilities are remanded.

The Board has determined that there was not substantial compliance with the previous remand directives and requires further development for the Veteran's claims of service connection for left ankle, right knee, and right foot disabilities.

The Board has decided to remand the case for further development, including obtaining additional medical opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected disabilities caused or worsened any weight gain or obesity.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability based on individual unemployability (TDIU).

The Veteran's appeal for an earlier effective date for additional dependency compensation for his children was denied as the claim was submitted more than one year after he received notification of his eligibility.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, calcaneal fracture of the right foot, and anterior cruciate ligament tear of the right knee. The decision is based on obesity being an intermediate step in causing the Veteran's sleep apnea.