Knee decisions — 2023

The Veteran's bilateral knee joint pain and headaches are presumed to be related to his service in the Southwest Asia theater of operations, as he served during the Persian Gulf War.,Service connection for sleep apnea is remanded due to insufficient evidence.

The Veteran's claim for an earlier effective date for right thumb degenerative joint disease is denied. The issues of entitlement to service connection for chronic fatigue syndrome, headaches, joint and muscle pain, a disability manifested by memory loss, depression, and anxiety, dizziness, left knee disability, right knee disability, and obstructive sleep apnea are remanded.

Service connection has been granted for GERD.,The Veteran's claim for migraine-headaches disorder is remanded due to insufficient evidence addressing the relationship between his service-connected PTSD and the headaches. The issue of whether the Veteran's bilateral plantar fasciitis was caused or aggravated by his service-connected left-foot 2nd toe disability and/or right knee disability remains unresolved.,The Veteran's claim for left knee condition is remanded due to insufficient evidence addressing the relationship between his service-connected left-foot 2nd toe disability, right knee disability, and a diagnosable but medically unexplained chronic multi-symptom illness.

The Board has remanded the Veteran's claims for service connection for right and left knee conditions, as well as a gastrointestinal disorder. The remand is due to issues with substantial compliance with prior Board instructions.

The Veteran's lung condition is granted service connection due to presumed herbicide exposure. The right and left knee conditions are remanded for further examination and opinion.

The Veteran's claims for service connection and reopening of previously denied claims are being remanded due to the need for additional development, including obtaining medical records and verifying in-service stressors.

The Veteran's claims for tinnitus, hypertension, and sleep apnea have been denied as they are not related to his military service.,For the remaining issues (right ankle disorder, left ankle disorder, right knee disorder, left knee disorder, cervical spine disorder, thoracolumbar spine disorder, loss of use of the right lower extremity, and loss of use of the left lower extremity), the case is remanded for further development.

The Board has remanded the Veteran's claims for right knee disabilities due to insufficient evidence regarding the onset of his right knee instability.

The Board has remanded the Veteran's claims for service connection for left and right knee conditions due to a lack of VA examination and treatment records, as well as outstanding correctional facility medical records.

The Board has remanded the claims for service connection due to inadequate medical opinions and inextricably intertwined with TDIU issues.

The Board has determined that the Veteran's urinary/bladder disorder and left knee disorder were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part. The use of foley catheters during his total knee arthroplasty was within the standard of care.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder and knee disabilities due to insufficient reasons provided in a previous VA opinion. The Veteran is required to provide an addendum opinion addressing his contentions of continuous pain since service.

The Veteran's service-connected coronary artery disease and left below the knee amputation qualify him for specially adapted housing, as his disabilities preclude locomotion without assistive devices.

The Board has remanded the case due to inadequate reasons and bases for denying initial ratings higher than 10 percent for left and right knee chondromalacia. The Veteran's claims will be reviewed again with an additional examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development of his service-connected right knee osteoarthritis, degenerative arthritis of the spine, and radiculopathy. A new VA examination is needed to assess the severity of these conditions.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's right knee condition and the need for additional VA treatment records.

The Veteran's claim for a rating in excess of 20 percent for left knee medial compartment arthrosis, status post anterior cruciate ligament reconstruction, and degenerative joint disease is denied. A separate 10 percent rating, but not higher, for left knee limitation of extension as of April 6, 2023, but not earlier, is granted.

The Board has determined that the VA medical opinions provided in August 2023 are not sufficient to comply with the December 2022 remand directives. The claims for right ankle, right knee, and right thumb conditions must be returned for further development.

The Veteran's tinnitus was granted service connection as it began during active service.,Service connection for the right knee condition and left knee condition were denied due to lack of evidence linking these conditions to in-service complaints or events.

The Board has remanded the case due to issues related to a pending appeal under the Modernized Appeal System (AMA). The main issue is whether the Veteran meets the criteria for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to November 13, 2012. This decision does not address service connection or exposure basis.