Knee decisions — 2023

The Board has granted service connection for right and left knee degenerative arthritis, but the claim of service connection for deep sweats is remanded due to inadequate medical examination.

A higher rating of 30 percent for left knee disability manifesting in favorable ankylosis prior to April 1, 2011 is granted. A rating in excess of 40 percent for left knee disability from April 1, 2011 onward is denied. Entitlement to a TDIU on extra-schedular basis effective March 20, 2006 is granted.

The Board has remanded the Veteran's claims for service connection for a left knee disability and entitlement to an increased rating for a cervical spine disability due to inadequate VA examinations.

The Veteran's left knee disability is currently rated as 10 percent disabling for limitation of motion and 30 percent disabling for instability from November 8, 2021. The Board has remanded the issues related to instability prior to that date.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 3, 2019, finding that he was capable of securing and following substantially gainful employment due to his service-connected disabilities.

The Veteran's bilateral hearing loss is not related to his military service.,The Veteran's left hip disability pre-existed service and was not aggravated by service.

The Veteran's right knee, right hip, left hip, and bilateral foot conditions are granted as secondary to his service-connected low back condition and sciatic and femoral radiculopathy of the left lower extremity.,A 20 percent disability rating for left lower extremity femoral radiculopathy is granted from September 19, 2021.

The Veteran's asthma is presumed to be related to his exposure to fine particulate matter while serving in the Southwest Asia theater of operations. The Board finds that a remand is required for further examination and opinion regarding service connection for sleep apnea and arthritis.

The Board has remanded the claims of service connection for right knee, left knee, and left shoulder conditions due to inadequate development in prior VA examinations. The Veteran's treatment history post-service is not adequately addressed.

The Board has decided to remand the cases of service connection for right and left knee disabilities due to insufficient examination findings, requiring further evaluation.

The Board has determined that the Veteran's right knee patellofemoral syndrome began during his active service and grants service connection for this condition.

The Board has remanded the case due to inadequate examination and missing medical records. The Veteran's left knee disability is being reviewed again for service connection.

The Veteran's appeals for increased disability ratings and TDIU have been dismissed due to his death.

The Veteran's claims for service connection and increased ratings were denied. The claim of menstrual dysfunction was not granted as there is no evidence showing a current disability or functional impairment related to her Persian Gulf service. Claims for left knee and lumbar spine disabilities were also denied due to lack of sufficient evidence.

The Board has remanded the Veteran's claims for service connection due to the inability to provide him with VA examinations in Europe. The issues include eye disorders, chronic tiredness, ankle and elbow disorders, facial twitching, neck disorder, knee instability and pain/clicking related to his major depressive disorder.

The Board denied increased ratings for right and left knee instability, but remanded the issues of entitlement to a disability rating in excess of 10 percent for patellofemoral syndrome (PFS) and degenerative joint disease (DJD) of the bilateral knees.,The AOJ is instructed to obtain range of motion testing results or estimated results both contemporarily and retrospectively back to the original date of claim, as per Correia v. McDonald.

The Veteran withdrew his appeal before the Board could make a decision on his claims for service connection.

The Veteran's hepatitis C and hair loss claims are remanded due to inadequate medical opinions.,The Veteran's OSA claim is remanded as the examiner failed to consider her prior sleep disturbances.,The Veteran's hypertension claim is remanded because the examiner did not provide a rationale for denying secondary service connection.,The Veteran's gastrointestinal disorder claim is remanded due to insufficient consideration of medical literature cited by the Veteran’s representative.,The Veteran's hearing loss and tinnitus claims are remanded as the examination results were inconsistent and the examiner failed to address relevant medical literature.,The Veteran's dizziness claim is remanded because the examiner did not consider whether her dizziness was a symptom of her service-connected headache disability or a separate disorder.,The Veteran's cervical spine, left hand, bilateral shoulder, hip, knee, and foot disabilities claims are all remanded due to inadequate examination reports that failed to address relevant medical literature and symptoms.

The Veteran's depressive disorder is granted as it was aggravated by his service-connected disabilities. Other issues are pending further development and evidence submission.

The Board has determined that the VA examinations and remand directives were not fully complied with, necessitating a remand to obtain additional medical opinions regarding the Veteran's left and right knee disabilities.