Knee decisions — 2023

The Veteran's left knee disability, which includes osteoarthritis and a torn ACL, has not been found to warrant a higher rating than the current 30 percent assigned since it does not meet the criteria for extension limited to more than 15 degrees or flexion limited to less than 15 degrees.

The Board has remanded the Veteran's claims for service connection for right and left knee disabilities due to insufficient consideration of the Veteran's lay statements regarding his in-service symptoms.

The Board has remanded the Veteran's claims of service connection for left foot, left knee, and right hip injuries due to a lack of proper procedural steps in the legacy appeal system.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a right shoulder disability. The left knee disability claim is remanded due to inadequate medical opinions.

The Veteran's claim for a rating in excess of 10 percent for chronic bronchitis is denied. The initial ratings for PTSD are granted at 70 percent since July 18, 2013 and the TDIU claim is granted effective July 18, 2013. Other service connection claims are remanded.

The Veteran's initial claim for an increased evaluation of his service-connected right knee scar was denied as the scar did not meet the criteria for a higher rating under Diagnostic Code 7805.,The Board found that the Veteran's right hip and left knee conditions are related to his service-connected right knee condition, but remanded for additional opinions on whether these conditions are aggravated by his service-connected disabilities.

The Board has remanded the claims for service connection for various lower extremity and spinal disorders due to inadequate VA medical opinions. The Veteran's lay statements regarding in-service injuries are not addressed, nor is secondary service connection considered.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, an initial compensable disability rating for sialoadenitis status post partial parotidectomy, and an initial disability rating higher than 10 percent for degenerative joint disease of the left knee. The AOJ is required to obtain further examination and opinion regarding these claims.

The Veteran's left knee disability is currently rated at 20 percent for limitation of extension, and the Board finds that a higher rating is not warranted based on current evidence.

The Board has decided to remand the Veteran's claims for additional development, including obtaining VA medical records and providing information about the qualifications of the VA examiners who examined him.

The Veteran has withdrawn his appeals for increased initial ratings for hemorrhoids and right knee disability. The appeal is dismissed.

The Board denied the Veteran's claims for service connection for left and right knee disabilities, finding that there was no evidence of a chronic disability in service or within one year of service, and that any current symptoms were not related to his military service.

The Veteran's right knee disability, post-total knee arthroplasty, is rated at 30 percent since August 1, 2015. The appeal for an increased rating remains denied.

The Board has remanded the claims for service connection for low back and right knee disabilities due to insufficient evidence. The claims will be reviewed again with additional information from the Appellant's military records, treatment records, and any other relevant documents.

The Veteran's tinnitus was granted service connection, but his bilateral hearing loss and right knee/lumbar/cervical spine disabilities were denied. The cases for the right knee, lumbar spine, and cervical spine are remanded.

The Board has decided to remand the Veteran's claims for service connection of right and left knee disabilities due to insufficient rationale in previous VA opinions, requiring further examination.

The Veteran's left hip DJD status-post total hip replacement is granted a 50% disability rating, effective from November 1, 2012. Other claims are denied or remanded.

The Board has granted the Veteran's claims for annual clothing allowances for his service-connected left knee and lumbar back braces, effective from 2014 forward.

The Board has remanded the Veteran's claims for increased ratings for bilateral knee conditions due to inadequate examination findings. The case will be returned for further proceedings.

The Veteran's appeal is remanded for further development and adjudication due to inconsistencies in the VA examination report regarding range of motion loss.