Knee decisions — 2023

The Veteran's right knee disability prior to November 12, 2020, is rated at 30 percent for limitation of flexion. The Board denied a higher rating as the condition does not meet criteria for more than 30 degrees of flexion. A separate rating of 10 percent was granted for slight lateral instability.

The Veteran's major depressive disorder with generalized anxiety is granted as service-connected.,The right knee disability is not secondary to the service-connected left knee disability and thus denied.,An effective date of September 26, 2017, for a 30 percent rating for cluster headaches is granted.

The Board has denied the Veteran's claim for service connection for a right knee disorder, finding that there is no evidence of a current disability related to his active service.

The Veteran's foot and knee disabilities have been granted effective dates of November 2, 2017.,The claim for service connection for malignant melanoma has been reopened due to new evidence.

The Board has remanded the Veteran's claims for additional development due to the failure of VA to obtain all outstanding medical records from TRICARE at JB San Antonio Military Treatment Facility.

The Board has decided to remand the case due to an inadequate September 2020 VA examination report, which did not reconcile the Veteran's reports of worsening pain with the rationale for the negative nexus opinion. The case is now being sent back for a new examination or medical opinion that properly addresses the medical history in this case.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including sleep apnea and various orthopedic conditions. The Board has determined that additional examinations are needed to address the nature and etiology of a sleep disorder, as well as to clarify whether any increased ratings for certain knee and hip conditions are warranted.

The Board has granted service connection for left shoulder impingement syndrome, complete rotator cuff tear, glenohumeral arthritis, and acromioclavicular joint osteoarthritis. The Board also granted service connection for right knee disorder including right meniscus and ACL tear, instability, osteoarthritis, and chondromalacia.

The Board has granted service connection for the Veteran's left elbow disability as aggravated by his service-connected left knee disability. The increased rating claim for the left knee disability is remanded.

The Board dismissed the appeals for various disability ratings and TDIU claims due to the Veteran's death.

The Board has decided that the Veteran's sinusitis is granted, but has remanded other issues due to incomplete records and need for further examination.

The Veteran's hearing loss and tinnitus do not meet the criteria for service connection as they are not diagnosed disabilities.,The Veteran's right knee condition is not related to his military service.

The Veteran was granted a TDIU prior to March 3, 2018. The Board has also remanded the issue of entitlement to a TDIU from March 3, 2018 for referral to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's right shoulder condition is granted a 30 percent rating.,The Veteran's left knee condition is granted a 60 percent rating prior to April 20, 2023. A higher rating of in excess of 60 percent from that date is denied.

The Board denied the Veteran's claim for a total disability rating for individual unemployability (TDIU) as his service-connected disabilities did not render him unable to secure and follow substantially gainful employment, despite meeting the schedular criteria for TDIU.

The Board has determined that remand is necessary for further development in the cases of bilateral hearing loss, left knee condition, right knee condition, and laceration of tongue.

The Board has granted service connection for low back strain, right knee strain, and left knee strain, finding that the Veteran's current conditions are related to his in-service injuries during combat operations.

The Veteran's initial claim for an increased rating for left knee arthritis is denied. A separate 20 percent disability rating is granted for the symptomatic left knee meniscal condition. The case is remanded for further development regarding TDIU.

The Board has remanded the claims of increased ratings for knee disabilities and service connection for bilateral knee instability due to their interrelated nature.

The Board has granted service connection for left and right knee conditions, but has remanded the claims for respiratory condition, acquired psychiatric condition, headaches, and bladder condition due to lack of VA examinations.