Knee Board decisions

The Board has decided to remand the Veteran's claim for automobile or other conveyance and adaptive equipment due to pre-decisional duty-to-assist errors, specifically failing to obtain private treatment records related to his right knee disability.

The Veteran's right knee osteoarthritis is granted as service connected. The claims for acquired psychiatric disorder, left knee disability, hypertension, and erectile dysfunction are remanded due to exposure to toxins at Camp Lejeune.

The Veteran's right ear scar is not productive of characteristics of disfigurement, visible or palpable tissue loss, or gross distortion or asymmetry. The claim for a compensable rating for the right ear scar is denied.

The appeals for service connection for bilateral knee tendonitis and bilateral plantar fasciitis are dismissed due to the death of the appellant, who was substituted as the surviving spouse.

The Board has determined that the VA examinations obtained prior to the September 2020 rating decision were inadequate and remanded for further action. The Veteran's left shoulder, right knee, left knee, cervical spine (including radiculopathy and spondylosis), and back disabilities are all being remanded due to duty-to-assist errors.

The Veteran's appeals for increased ratings for service-connected left knee strain and right ankle lateral collateral ligament sprain were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Board has decided to remand the case due to a failure of the VA examiner to consider the Veteran's statements and provide an adequate examination. The Veteran is requested to undergo a VA examination to determine the nature, extent, and etiology of his right knee condition.

The Board has determined that the Veteran's status post left total hip replacement is secondary to his service-connected left knee tendonitis, and thus grants service connection for this condition.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected lumbosacral spine, right knee, and left knee disabilities. His headaches are rated at the maximum schedular disability rating of 50 percent. The Veteran's lumbosacral strain is not higher than 20 percent.

The Veteran's appeal for service connection on all listed conditions was dismissed due to his disagreement with the denial of left flatfoot, which was granted in a prior decision. The remaining issues are remanded.

The Board has found pre-decisional error in the November 2019 rating decision and requires VA examinations to cure the error. The claims for service connection are REMANDED.

The Veteran's right shoulder, right knee (with limitation of flexion), and left knee disabilities have been rated based on their respective limitations. The current ratings do not meet the criteria for a higher rating in any of these cases.

The appeals for the ratings of bilateral hearing loss, and service connection for right knee and left knee conditions have been dismissed due to the appellant's death.

The Board has restored the original ratings of 30 percent for both right and left knee disabilities, finding that there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has remanded the Veteran's claims for right knee and back conditions due to insufficient medical opinions regarding their etiology. The Veteran is entitled to a new examination to determine if his current conditions are related to service.

The Veteran's claims for service connection for an acquired psychiatric disability to include major depressive disorder and posttraumatic stress disorder, a left knee injury, and a low back disability have been granted. The Board found that the evidence supported these claims based on in-service events and continuous symptoms since separation.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his knee disabilities, as well as a referral to the Director of Compensation and Pension Service for extraschedular consideration.

The rating reduction for hepatitis B from 20 to 10 percent, effective September 15, 2020, was proper. The Veteran's MDD manifestations prior to August 3, 2020, and thereafter, did not meet the criteria for a higher than 70 percent or 100 percent rating, respectively.

The Board has granted the Veteran's claims for service connection for TMJ disorder and left knee tendonitis, finding that new evidence supports these determinations.