Knee decisions — 2023

The Veteran's knee disabilities were denied ratings higher than the currently assigned ones for limitations of flexion, extension, and instability prior to specific dates.

The Veteran's hepatitis C and acquired psychiatric disorder (including depression and PTSD) claims are denied as there is no evidence of a nexus to service.,The right hand, left hand, left foot, right knee, right hip, and right leg disability claims are denied due to the Veteran's failure to report for scheduled VA examinations without good cause.

The Board has determined that VA examinations are necessary to assess the current nature, onset and etiology of the Veteran's claimed disabilities. The Veteran failed to appear for scheduled VA examinations and good cause has been shown.

The Veteran's left knee disability, including post-operative meniscectomy and instability, is rated at 30 percent since January 1, 2007. A separate 10 percent rating for painful limitation of flexion has also been granted.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and the Board finds that a TDIU is not warranted.

The Board has remanded the claims for service connection due to a lack of complete service treatment records and for additional medical opinions. The Veteran's claims are related to his military duties involving lifting and handling heavy equipment.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he is limited to sedentary work.

The Board has granted service connection for right knee osteoarthritis with meniscal tears, finding that the Veteran's symptoms are continuous since his in-service injury and granting presumptive service connection due to arthritis.

The Board has remanded the case due to inadequate examination and development of records, including seeking additional medical opinions regarding the Veteran's left knee osteoarthritis.

The appeal of the claim for service connection for left knee disability is dismissed. The claims of entitlement to a higher rating for low back disability and service connection for GERD are remanded.

The Board has remanded the case due to incomplete documentation of the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The issues are inextricably intertwined with the SMC loss of use claim.

The Board has remanded the claims for increased ratings for service-connected sinusitis, right and left knee instability. The Veteran's sinusitis is rated as 30 percent prior to September 23, 2020, but not higher. His right and left knee instability are both denied as they do not meet the criteria for a rating in excess of 10 percent.

The Veteran's left knee instability is granted a separate 10 percent rating, effective January 31, 2020. The claims for service connection and increased ratings for other conditions are remanded due to allegations of worsening.

The Board has decided that the Veteran's tinnitus is service-connected. The right knee disability issue was remanded due to insufficient medical opinions.

The Board has remanded the claims for increased ratings and TDIU due to incomplete medical opinions regarding functional loss without medication. The Veteran is also required to complete a VA Form 21-8940.

The Veteran's knee disabilities have not met the criteria for higher evaluations prior to November 7, 2019.,Higher evaluations are denied as the Veteran's knee flexion and extension limitations do not meet the required percentages under VA rating criteria.

The Board has remanded the cases for further development regarding service connection for right and left knee disorders due to conflicting opinions on whether these conditions are proximately due or aggravated by service-connected disabilities.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her combined schedular evaluation did not meet the criteria for TDIU.

The Board has granted the Veteran's claim for service connection for a bilateral knee disability, finding that his current disability is due to active service.

The Board has decided that the Veteran's claim for service connection for a left knee disorder is reopened and remanded. The effective date of an increased rating for right shoulder disorder remains January 31, 2012.