Knee decisions — 2023

The Veteran's claims for service connection are being remanded due to the need for additional development and verification of stressor events.,Additional clarification is needed regarding whether the Veteran has a current diagnosis of pes planus and if it is related to his active-duty service. The AOJ will attempt to verify the Veteran's reported in-service foot pain and seek out any relevant medical records.,The AOJ must determine whether the Veteran has a current diagnosis of shin splints, and if so, whether they are related to his active-duty service. Verification is needed for the stressor event witnessed by the Veteran at Camp Pendleton.,The AOJ will need to clarify whether the Veteran has left elbow lateral epicondylitis and determine its relationship to his active-duty service. The AOJ must also obtain an opinion regarding the etiology of the Veteran's unspecified depressive disorder, including any potential superimposed condition on a personality disorder.,For the right knee disability claims, additional development is needed as the examiner did not provide range of motion measurements in non-weight-bearing and provided no explanation for why these could not be performed. The AOJ will need to obtain an opinion regarding whether the Veteran's pes planus was aggravated by service.

The Veteran's PTSD, combined with other service-connected conditions, rendered him unable to secure or follow substantially gainful employment prior to February 22, 2019. From that date onward, his PTSD alone meets the criteria for a TDIU.

The Board has found deficiencies in the VA examination reports and has ordered further examinations to determine service connection for various disabilities, including psychiatric disorders, headaches, dizziness, hip and knee conditions.

The Board has remanded the Veteran's claims for bilateral hearing loss, bilateral knee disability, obstructive sleep apnea, and cardiac disability due to insufficient evidence in the record regarding their etiology. The VA is directed to obtain all of the Veteran's service treatment records related to his National Guard active duty, ACDUTRA, and INACDUTRA service, schedule him for VA examinations to address the nature and etiology of these conditions, and readjudicate the claims based on the evidence.

The Board has granted service connection for a left knee disability and has reopened the claim for a left hand disability. The case is remanded to obtain an examination for the left hand disability.

The Board has determined that further examination and opinion are needed for the Veteran's right knee condition, degenerative changes of the lumbar spine, and traumatic brain injury. The claims are being remanded to allow for these evaluations.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's left knee disorder and whether it is related to his service-connected right knee disability.

The Veteran's left knee disability is rated at 50 percent from June 10, 2022. The VA denied a higher rating as the evidence did not support findings consistent with ratings in excess of those assigned.

The Veteran's service-connected lumbar degenerative disc disease, radiculopathy of the right lower extremity, left knee degenerative joint disease, and radiculopathy of bilateral upper extremities have been granted as secondary to his service-connected right knee degenerative arthritis, cervical spondylosis, and neck disability.,The Veteran's claims for increased ratings for cervical spondylosis are being remanded.

The Veteran's left and right knee disabilities are rated at 10 percent each based on painful motion.,The Board denied increased ratings for the Veteran's left and right knee disabilities, finding that flexion was not limited to 30 degrees or extension to 15 degrees.

The Veteran's claims for increased ratings for right and left knee patellofemoral syndrome have been denied. The claim for tinea unguium has been remanded.,The Veteran is currently rated at 10% for each of his knee disabilities, but the Board finds that higher ratings are not warranted based on current evidence.

The Board denied service connection for lumbar spine, right knee, and left knee disabilities due to a lack of evidence showing an in-service injury or disease that caused the current conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from December 1, 2013, to February 23, 2015. For other periods, his combined disability rating was sufficient for TDIU.

The Board has granted service connection for left knee disorder, right heel spur, and bilateral foot disorder (including plantar fasciitis), finding that the Veteran's current conditions are at least as likely as not incurred during his military service.

The Board has granted service connection for left knee disability, right knee disability, and gastrointestinal disability (to include lactose intolerance) based on the Veteran's in-service symptoms and diagnoses.

The Veteran's claim for a clothing allowance due to the use of bialteral knee braces is denied as there is no evidence that these braces tend to wear or tear his clothing.

The Board has denied the Veteran's claims for service connection for pes planus with valgus deformity, left hip degeneration, right hip arthritis, low back condition, and right knee condition. The Board found that these conditions were not incurred or aggravated by active service.

The Board has remanded the case for further development, including obtaining outstanding treatment records from Martin Army Community Hospital and Naval Hospital Pensacola.

The Veteran's claim for a higher rating for left knee quadriceps tendonitis and atrophy, status post reconstructive repair was denied. However, the Veteran received a separate 10 percent rating for left knee instability.

The Board has denied the Veteran's claim for service connection for a right knee disability secondary to his service-connected disabilities, finding that there is no evidence of a direct causal relationship between his service-connected conditions and his current right knee disability.