Knee decisions — 2023

The Veteran's service-connected gastrointestinal and bilateral knee disabilities have rendered him unable to secure or follow a substantially gainful occupation from February 15, 2013 to September 15, 2016 (excluding November 17, 2015 to February 29, 2016), and from September 16, 2016 to September 20, 2017. The Board granted a TDIU on both an extraschedular and schedular basis for these periods.

The Board has dismissed the Veteran's claim for an effective date prior to March 2, 1995, for service connection of a left knee disability. The issues related to evaluations and effective dates for various aspects of the left knee disability are remanded for further development.

The Veteran's right and left knee disabilities are currently rated at 10 percent each, with separate ratings for instability of the knees. The Board denied increased ratings as his knee disabilities do not meet criteria for higher evaluations based on limitation of motion or instability.

The Board has remanded several claims related to the Veteran's service connection, including for cervical spine injury residuals, lumbar spine disability, right and left lower extremity varicose veins, bronchitis, left knee disability, bilateral hearing loss, and a right knee disability. The issues also include reopening of these claims based on new evidence.

The Board denied service connection for right shoulder, left shoulder, right elbow, and left elbow disabilities. However, it granted service connection for bilateral pes planus and bilateral hearing loss.

The Board has remanded the Veteran's claims for increased ratings for chronic urticaria and left knee degenerative joint disease, as well as his claim for a compensable rating for limitation of extension of the left knee. The Veteran's TDIU claim is also being remanded due to its inextricability with the other claims.

The Veteran's left-hand scar was not rated higher than 10 percent, as it did not meet the criteria for a rating in excess of 10 percent from May 15, 2018.,A 100 percent disability rating was granted for the right knee replacement from May 10, 2021 to May 10, 2022. However, a higher rating greater than 30 percent is denied as of May 11, 2022.

The Veteran's claim for an increased evaluation in excess of 20 percent for residuals of fracture, left proximal tibia with varus deformity and degenerative changes of the knee and ankle was denied as his condition did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied service connection for residuals of a left leg injury, finding that the evidence did not support a nexus between current left leg problems and an in-service injury.

The Veteran's service-connected lumbar spine disability and related conditions have rendered him unable to secure or follow a substantially gainful occupation prior to November 1, 2019. The Board has referred the issue of TDIU prior to this date for extraschedular consideration.

The Board has remanded the cases for further development due to missing service treatment records. The Appellant's left knee disability and hypertension are being reviewed again as part of this process.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted service connection for right lower extremity neurological impairment, but denied the rest of the claims.

The Board has found that the agency of original jurisdiction (AOJ) did not substantially comply with prior remand directives and has ordered further development for an opinion on the etiology of the Veteran's sleep apnea.

The Veteran's appeal for higher ratings for his left knee disabilities is being remanded due to the inadequacy of a previous VA examination and lack of objective standards for determining instability.

The Board has remanded several issues related to the Veteran's claims, including service connection for respiratory and cervical spine disabilities, as well as increased ratings for his low back and lower extremity radiculopathy. The appeals are now pending again due to the need for additional medical opinions.

The Veteran's service connection claim for prostate cancer and increased rating for left knee scar were both denied. The Board found no evidence of herbicide exposure during service, and the Veteran's prostate cancer was not related to his military service. For the left knee scar, a 10 percent rating is granted but the Veteran does not meet the criteria for higher ratings.

The Board has determined that the Veteran's claims for service connection have been denied due to lack of new and material evidence, as well as a failure to establish a current disability or link between in-service stressors and current symptoms. Service connection was also not granted for asbestos exposure and respiratory disorder.

The Veteran withdrew his appeals regarding higher ratings for posttraumatic headaches, a lumbar sprain, left knee patellofemoral syndrome and right knee patellofemoral pain syndrome as well as for entitlement to service connection for temporomandibular joint pain.

The Board has denied service connection for left knee condition, right knee condition, left leg varicose veins, and right leg varicose veins. The acquired psychiatric disorder claim is remanded due to insufficient evidence.

The Board denied increased ratings for lumbar strain and osteoarthritis of the right knee, finding that the Veteran's conditions did not meet criteria for a higher rating based on range of motion or neurological impairment.