Knee decisions — 2023

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the claims for increased evaluations of left knee disabilities due to inconsistencies in the medical records and need for clarification on prescribed use of a brace. The Veteran will be scheduled for an examination to determine the current severity of his service-connected left knee disability.

The Veteran's tinnitus claim is granted. The diabetes mellitus type II claim has been withdrawn from appeal.,The acquired psychiatric disorder (claimed as major depressive disorder) and bilateral knee and leg disorder claims are remanded for further examination and opinion.,The bilateral hearing loss claim is also remanded for further examination and opinion.

The Veteran's claims for abdominal muscle strain, constipation, and OSA have been denied as she does not have current diagnoses of these conditions.,Her low back disorder (claimed as scoliosis/lordosis) is remanded due to the need for additional medical examination and opinion regarding its etiology.,The Veteran's right and left knee disorders are also remanded, with a focus on determining their relationship to service-connected shin splints.

The Board has determined that the Veteran's periods of service and duty status are unclear, necessitating a remand to clarify these details and obtain any missing service treatment records.

The Board has denied the Veteran's claims for annual clothing allowances for left knee and ankle braces, as well as ketoconazole topical medication. The right knee brace was granted an allowance due to causing wear or tear on his clothing.

The Veteran's left knee disability, including DJD and arthritis, resulted in limited extension to at most 20 degrees from May 1, 2007 to February 19, 2009. For the period from May 1, 2007 to August 24, 2008, left knee flexion was limited to at most 50 degrees.

The Board has remanded the case for an initial determination regarding entitlement to a TDIU under 38 C.F.R. § 4.16(b) prior to March 10, 2011.

The Veteran's right shoulder disability is rated at 20 percent, which does not meet the criteria for a higher rating under current VA regulations.,The Veteran's left knee instability is currently rated at 20 percent and no higher. The examiner found that there was no evidence of ankylosis or severe recurrent subluxation/lateral instability.

The Veteran's TDIU claim from January 14, 2011, to February 22, 2018, is granted based on his service-connected right knee disability, right shoulder disability, lumbar spine disability, and radiculopathy of the left lower extremity.

The Board has remanded the case due to insufficient private medical records from the Veteran's family doctor, which were not obtained prior to 2021.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to November 2, 2021. The Board granted an extraschedular TDIU effective October 7, 2014.

The Board has remanded the claims for entitlement to higher ratings for right and left knee disabilities due to inadequate compliance with previous remand directives. The TDIU claim is also inextricably intertwined and requires a remand.

The Board has remanded the claims for service connection due to new evidence added to the claims file, including VA outpatient records. The issues of service connection for teeth issues, shoulder condition, acquired psychiatric disorder, right foot (pes planus), limitation of flexion right knee/leg, gout (claimed as painful joints), generalized body aches, skin disability, chronic obstructive pulmonary disease (COPD), recurrent allergies, sleep apnea, bilateral hand disability, sinus disability, and asthma are remanded for further development.

The Board has decided to remand the case due to the need for a new examination and opinion regarding the etiology of any left knee disability present since April 2014, as well as the need for additional development related to non-VA medical records.

The Veteran's right knee disability, including instability and a dislocated meniscus, has been rated at 20% since March 23, 2023. The rating is granted for the entire appellate period.

The Board denied the Veteran's claims for service connection for bilateral knee strain and bilateral hip strain, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board denied the Veteran's claims for service connection for left knee condition, tinnitus, and withdrew his appeal regarding upper spine condition. The decision found no evidence linking these conditions to service.

The Veteran's service connection claims for various disabilities, including back, neck, knee, shoulder, and esophageal conditions, have been granted. The issues of service connection for a left knee meniscal tear, right hand disability, left hand disability, fatigue (undiagnosed illness), and memory loss (undiagnosed illness) are remanded.

The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities due to insufficient evidence from previous VA examinations.