Knee Board decisions

The Board has remanded the cases for obtaining VA treatment records from December 1989 to April 2011 and private post-service treatment records. The issues of earlier effective dates and a compensable rating are inextricably intertwined, so both must be addressed together.

The Veteran's claims for increased ratings in excess of 10 percent for his right knee and left knee conditions are remanded. The Veteran also has a finding of total disability based on individual unemployability due to service-connected disabilities (TDIU) and special monthly compensation (SMC) at the housebound rate is granted.

The Board has remanded the Veteran's claims for annual clothing allowances for right and left knee braces for the 2017 calendar year due to incomplete records. The AOJ must reconstruct the record and upload all relevant documentation, including decisions from the AOJ or evidence submitted by the Veteran.

The Board has determined that new and relevant evidence has been submitted for service connection of tinnitus and spondylosis of the lumbar spine, and these issues are being remanded for further review. Service connection is granted for left knee strain.

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for a 100% rating for total right knee replacement after December 31, 2021 is denied as the criteria are not met. The Veteran was previously awarded a 100% rating based on his total right knee replacement from November 3, 2020 until December 31, 2021.

The Veteran's service-connected disabilities, including lumbar spondylolisthesis, adjustment disorder, left knee strain, tinnitus, and right elbow trauma, are found to render him unable to secure or follow substantially gainful employment. The Board grants the TDIU claim.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.

The Board has determined that the Veteran does not have a current disability related to his claimed left knee pain, right knee pain, left ankle condition, back problems, or neck condition. As such, service connection for these conditions is denied.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to new evidence submitted since the last final denial.,Service connection is granted for left and right knee disabilities, but further examination is needed to address the nature and etiology of his low spine disability.

The Veteran's right knee instability is rated at 30 percent prior to June 1, 2010 and post-surgery instability after that date. The rating for service-connected traumatic arthritis of the right knee with limitation of motion (extension and atrophy) remains at 30 percent.

The Veteran's petition to reopen a claim for service connection for a left knee condition is granted. The Board finds that the issue of service connection for a left knee condition, to include as secondary to right knee replacement, needs further clarification and remands it.

The Board has found that remand is required for the Veteran to be afforded a new VA examination due to inadequate range of motion testing in his previous examination. The TDIU claim will also be remanded as it was not submitted to the Director of Compensation Service for extra-schedular consideration.

The Board has granted service connection for bilateral knee disabilities, finding that the Veteran's current condition is related to his in-service parachute jumps during ACDUTRA.

The Board has remanded the claims for service connection for various knee, foot, and arm disabilities due to insufficient evidence regarding their etiology. The Veteran's lay statements about in-service injuries are considered, but the lack of documentation in service records is noted.

The Veteran's right knee total replacement resulted in chronic residuals consisting of severe painful motion or weakness, warranting a 60% disability rating effective April 1, 2021. The issue of entitlement to TDIU is also remanded.

The Board has remanded the Veteran's claims for service connection for a left elbow disorder and bilateral knee disorder due to insufficient opinions regarding their etiology.

The Board has ordered the VA to conduct a new examination of the Veteran's knee conditions and clarify the distinction between 'instability,' 'giving way' and 'weakness' in providing a reasoned medical explanation, consistent with Nieves-Rodriguez v. Peake.

The Board has found that the prior remand directives have not been substantially fulfilled and has ordered a new retrospective medical opinion to evaluate the Veteran's left knee condition between April 1, 2014, and April 27, 2016.

The Veteran's pneumonia is granted as service connected. The Board has remanded several other issues for further development and consideration.