Knee decisions — 2023

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including left ankle sprain, right and left knee disabilities, lumbar and cervical spine disabilities, and hypertension. The Veteran is required to provide VA with his private treatment records for these conditions.

The Veteran's appeals for increased ratings were denied as she failed to report for scheduled VA examinations, resulting in the claims being decided based on the evidence of record.

The Veteran's claim for service connection for chronic fatigue syndrome is denied as there is no evidence of a separate and distinct diagnosis.,Service connection for right knee disorder, including as due to a service-connected disability or medications taken for a service-connected disability, is also denied. The examiner found that the current right knee condition is not related to any service-connected disabilities.

The Board has remanded the cases for additional development due to inadequate opinions and missing information in the VA examination reports.

The Board has granted service connection for right elbow rheumatoid arthritis and tendinopathy, bilateral hip osteoarthritis and tendonitis, and bilateral knee osteoarthritis and tendonitis. These conditions are found to be etiologically related to active service.

The Board has granted service connection for a lumbar spine disability, left knee disability, and left ankle disability. The Veteran's symptoms have been present since separation from service.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected right ankle and right knee disabilities. The issues regarding higher ratings for the right ankle and right knee sprain are remanded.

The Veteran's claim for service connection for sleep apnea has been remanded due to the submission of new and material evidence. The right total knee replacement rating is also being remanded.,The Board finds that higher ratings are not warranted for the Veteran's bilateral knee scars.

The Board has remanded the claims for further development due to the need for additional medical opinions regarding the etiology of the Veteran's knee conditions and left knee genu recurvatum.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the spine and left knee arthritis due to incomplete development and need for new medical opinions.

The Veteran's PTSD symptoms do not meet the criteria for a higher rating, as they are currently rated at 70 percent.,Left lower extremity radiculopathy is granted a 20 percent rating. Right lower extremity radiculopathy and right knee strain remain at their current ratings of 10 percent.

Service connection is granted for bilateral knee disorders, lumbar spine disorder, and obstructive sleep apnea (OSA) as due to service-connected posttraumatic stress disorder (PTSD). The Board also found that the Veteran's bilateral shoulder, hip, and elbow disorders are remanded.

The Board has remanded several issues for further development, including service connection claims and disability rating determinations. The Veteran's appeal is not about service connection at all.

The Board has found that further development is needed for the claims of service connection and initial disability evaluation for left knee strain, degenerative disc disease (lower back), left hip degenerative joint disease, and left lower extremity radiculopathy. The Veteran's service records show he was injured in 1980 while playing basketball, which may be related to his current disabilities.

The Veteran's claims for service connection are being remanded due to the inability to obtain his service treatment records and personnel files. The AOJ is instructed to contact relevant departments and request these records, document all efforts made, and provide the Veteran with an opportunity to submit any additional evidence.

The Veteran's service-connected PTSD with secondary major depressive disorder was granted a TDIU effective April 11, 2017. The appeal for the TDIU prior to that date is dismissed as moot.

The Board has remanded the Veteran's claims for increased ratings for her left and right knee degenerative joint disease, as well as her claim for a TDIU prior to August 4, 2020. The VA will need to provide new examinations that address the Veteran's reported instability symptoms.

The Veteran's appeals for increased ratings and convalescent ratings were denied. He was granted temporary convalescent ratings for his right and left knees, as well as SMC at the housebound rate.

The Board has remanded the Veteran's claims for service connection for low back disability, right knee disability, left knee disability, and PTSD due to failure of the Veteran to report for VA examinations scheduled in November 2018. The Veteran was provided an opportunity to reschedule the examinations but did not do so without good cause.

The Veteran withdrew their appeal for an increased rating of left knee disability before the decision was made. The case is dismissed.