Knee decisions — 2023

The Board has remanded the Veteran's claims of service connection for treatment purposes only under 38 U.S.C. Chapter 17 for a respiratory condition, sleep apnea, and a left knee condition due to insufficient evidence regarding their etiology.

The Board has determined that the Veteran did not undergo right knee surgery or immobilization by cast in 2017 or 2019, or at any other time during the period on appeal. The claims for temporary 100 percent ratings are denied.

The Board has remanded the claims for service connection for residuals of breast cancer, sinusitis (claimed as sinus problems), left knee patellofemoral syndrome (claimed as bilateral knees), and right knee patellofemoral syndrome (claimed as bilateral knees) due to incomplete information regarding the Veteran's service periods.

The Board denied a rating in excess of 10 percent for left knee flexion and instability, maintaining the current noncompensable ratings.

The Board has remanded the claims for an initial compensable rating for a right knee disability, service connection for hypertension, and service connection for a right ankle disability, lumbar spine disability, bilateral foot disability (pes planus), and cervical spine disability due to inadequate examinations.

The Veteran's depressive disorder with anxious distress was granted a 70% rating effective January 4, 2016.,A separate 10% rating for left knee instability is also granted.

The Board denied service connection for an acquired psychiatric disorder, right knee condition, and left knee condition. The Veteran's prostate cancer was not found to be related to his service or any incident therein.,Service connection was denied for the Veteran's acquired psychiatric disorder, right knee condition, and left knee condition due to lack of evidence linking these conditions to his military service.

The Veteran's right knee disability, characterized by limited extension and painful or limited motion, has been rated at 30 percent prior to October 12, 2022, and increased to 40 percent since that date. The appeal is remanded for further development.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including migraine headaches, lumbar spine disorder, right knee strain disorder, hemorrhoids, and traumatic brain injury.

The Board has granted service connection for a headache disorder. The issues of service connection for left and right knee disorders are remanded due to insufficient evidence.

The claims of service connection for a back disorder, migraine headaches, right hip disorder, left hip disorder, and right knee disorder are granted.

The Board denied the Veteran's claims for service connection for a cervical spine condition and a left knee condition, finding that there was no evidence of an in-service injury or incident that caused these conditions.,Both conditions were diagnosed post-service, with the cervical spine issue first noted in 2009 and the left knee issue in 2000. The Board found that the Veteran's current conditions are less likely than not related to his military service.

The Veteran's claim for service connection for right knee disability is being remanded due to the need for an examination and etiological opinion. The appeal will be considered on its merits after obtaining updated medical records.

The Veteran's appeal is being remanded to verify his service in the Ohio Air National Guard and determine if any periods of deployment were federal service. The claims for service connection will be reconsidered after this verification.

The Board has decided to remand the case due to inadequate rationale provided by the VA examiner for the negative nexus opinion regarding the Veteran's left knee disability. The case is now being sent back for further examination and opinions.

The Board has determined that the Veteran's high cholesterol is not a disability for which service connection can be granted. The remaining issues have been remanded due to the need for additional medical examinations and opinions.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied, and the case is remanded due to the need for updated VA examination. The Veteran's TDIU claim is also remanded as his employment history needs clarification.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for left ear hearing loss prior to October 20, 2022 and for bilateral hearing loss thereafter. For knee disabilities, the Veteran was granted a noncompensable rating for left knee instability after October 25, 2022 and a rating in excess of 10 percent for right knee instability. The low back disability claim was also remanded.

The Board has decided to remand the claims for further evaluation due to insufficient medical opinions regarding range of motion loss prior to specific dates. The Veteran's left and right knee disabilities are still under review.

The Board has remanded several claims due to the need for additional development, including obtaining private treatment records and verifying the Veteran's current address.